Defective Product Lawsuit Filed for Cataract Surgery Injury

A Texas man has filed a product-liability lawsuit against the makers of a medical device used during his cataract surgery, which was recalled just days after his surgery and caused him eye inflammation.

Wayne Bishop of Tyler filed his suit on Dec. 4 against Advanced Medical Optics Inc., the company that manufactures the Healon D Ophthalmic Viscosurgical Device. Bishop’s lawsuit was filed in the Marshall Division of the Eastern District of Texas, according to a report in the Southeast Texas Record.

The device was used during Bishop’s cataract extraction surgery in October 2008 to aid in iris retraction so an intraocular lens could be implanted in his right eye, his suit states. Bishop said following the surgery, he suffered from swelling in the eye and was told a cornea transplant would be required to correct the problem. He underwent a corneal transplant and a new graft five months after the first surgery, the Record reports.

The Healon D device was ordered recalled just two days after Bishop’s first surgery after patients complained of inflammation following eye surgery, the lawsuit says. In some cases, patients developed inflammation called Toxic Anterior Segment Syndrome, according to the suit.

In Bishop’s lawsuit, he claims the Class I recall was due to “unsafe and high endotoxin levels within the Healon D which could cause intraocular inflammation and/or TASS in patients following surgery.”

Manufacturer Negligence Alleged

Bishop claims the manufacturer of the device used in his surgery was negligent for failing to properly test or inspect the product for safety. He also claims Advanced Medical Optics is negligent for failing to utilize and implement a reasonably safe design practice to avoid unsafe levels of endotoxins and for failing to timely warn physicians after discovering the potential safety hazard and risks associated with Healon D, according to the Record.

“Safer alternative designs were available that did not involve the use of toxins potentially dangerous to patients and which would be safe, effective and financially viable,” the complaint argues.

Bishop is seeking unspecified financial compensation for damages including his medical and pharmaceutical expenses, loss of earning capacity, physical pain and suffering, mental anguish, disfigurement, and physical impairment, according to the Record.

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