We have started multiple suits for clients who have developed a desvasting fungal eye infection due to use of ReNu with MoistureLoc. This supposedly improved product was introduced on the market in late 2004.  On April 13, 2006, Bausch & Lomb withdrew this product from the market because of many reports of serious fusarium fungal eye infections known as fungal keratitis.

We have a suit set in October, 2008, to be the first trial in New York State.  In this tragic case, a very successful New York City realtor developed fusarium keratitis which eventually resulted in the loss of her right eye, known as "enucleation."  From August, 2006, through January, 2007, a team of top eye surgeons at New York Eye and Ear Infirmary valiantly tried many surgical techniques to save her infected eye. This included corneal transplants and injections of strong drugs directly into her eyeball. We also have suits for clients who had corneal transplants but still have a great deal of vision loss.

Prior to the introduction of MoistureLoc, the majority of reported fusarium cases were related to trauma. Subsequent to MoistureLoc, the majority of fusarium cases were associated with MoistureLoc use as opposed to trauma of the eye. Asian countries noted a spike of fusarium cases in late 2005 and reported this to Bausch & Lomb as there was an association with MoistureLoc use. Hong Kong health officials resorted to delivering a formal medical inquiry letter to Bausch & Lomb as there was no reposne to the preliminary request for information. It appears that at no point during this time  Bausch & Lomb contacted the FDA with this information.

Cases of fusarium associated with MoistureLoc were soon being discovered in the United States, but many doctors were not aware of the connection. As fusarium eye fungus is extremely rare, doctors misdiagnosed the condition, often causing the infection to worsen.

The responsibility of Bausch & Lomb for the damage this product has caused is obvious.  This was a new product with multiple polymers which it did not test adequately.  Further, they delayed for many months in informing the FDA and the medical profession about the infection.  There are four general types of soft contact lens, and some are more likely to be associated with fusarium problems. Recent medical studies demonstrate that fusarium develops into a biofilm which becomes resistant to the disinfectants in contact lens solution, particularly MoistureLoc.

We handle the ReNu MoistureLoc cases on a contingent fee basis. We do not charge a prospective client for the costs of obtaining records and going to one of our specialist consultants for analysis of the records. We only get paid at the end of the case if a client gets a settlement, and then we take a percentage as a fee. 
 

Paul and Hunter are on the plaintiffs' steering committee which governs the handling of ReNu cases in New York. Paul Rheingold has argued important motions before Justice Helen Freedman in New York County, and Hunter has taken depositions of key Bausch & Lomb employees. David is managing the litigation of our individual suits and should be contacted if you have a new inquiry for us.