A Medical Device Daily

An Orange County Superior Court Judge has certified a class action against Abbott Medical Optics (AMO; Santa Ana, California) on behalf of all California consumers who purchased a contact lens solution that the Centers for Disease Control and Prevention linked to a parasitic infection that can cause blindness or the complete loss of an eye.

"This decision was made possible by the landmark ruling of the California Supreme Court in May that upheld the rights of consumers to file class action lawsuits to protect themselves against misleading advertising," said plaintiffs' lead trial lawyer Mark Robinson, of Robinson, Calcagnie & Robinson (Newport Beach, California).

The Supreme Court's ruling reinstated a class action suit by smokers against the tobacco industry. Robinson argued for tobacco smokers in the case.

Orange County Superior Court Judge David Velasquez issued the certification ruling Nov. 12 against AMO, formerly known as Advanced Medical Optics, which produced Complete MoisturePlus contact lens solution. The FDA in 2007 directed the company to conduct a Class I recall of the product, an action it reserves for situations in which it is reasonably probable that use of the product will cause serious injury or death.

The plaintiffs are asking the company to refund to all California consumers the money they paid to purchase Complete MoisturePlus.

The lawsuit, Lazar vs. Advanced Medical Optics (OCSC Case No. 07 CC 01296), was filed on behalf of all California consumers who purchased Complete MoisturePlus. It alleges that AMO misled consumers into believing the product would effectively "clean" and "disinfect" their contact lenses even though the solution did not disinfect against Acanthamoeba and other harmful organisms that are known to contaminate contact lenses. The Acanthamoeba keratitis infection can inflict terrible pain, rob victims of their vision, cause permanent blindness and, in some cases, result in the surgical removal of the eye.