New Hampshire Trial Lawyers Association Verdict and Settlement Form

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Case Title:  Anonymous v. Anonymous Eye Health Company

County: Merrimack

Date of Injury: January 22, 2003

Facts:

This is a products liability claim arising out of the injuries and damages caused when the plaintiff’s right eye was implanted with the defendant’s defective intraocular lens on January 22, 2003.  The lens contained micron frost defects from the manufacturing process, yet it was distributed nationwide for implantation in persons who needed lens replacement surgery.  The plaintiff, a 69-year old retired drill sergeant, had been married for forty years and was working as a commercial truck driver during retirement.  This defective intraocular lens caused him to suffer from extremely aggravating and painful eye problems and vision difficulties for more than eleven months and required insertion of smart plugs, as well as an intraocular lens exchange.  The painful vision problems caused the plaintiff to lose his commercial drivers license, significantly reduced the plaintiff’s independence and diminished the quality of life he and his wife shared for the eleven months that he had the defective lens implant in his eye.  The plaintiff still suffers from ongoing blepharitis attributed to the multiple surgeries on his eye.

Plaintiff: Male, age 69

Plaintiff’s Theory of Liability:

Strict liability based upon the negligent manufacturing, marketing and distribution of this defective intraocular lens; negligence; and willful wanton and malicious conduct for distributing these defective lenses in the United States after distributing lenses with an identical defect but different serial number throughout Europe in 1999 and confidentially settling those claims.

Defendant:  Anonymous National Eye Health Corporation

Nature of Defense:  The defendant denied negligence.

Injuries (diagnosis / prognosis / permanency):

The plaintiff suffered profound injuries including, but not limited to, extremely aggravating and painful eye problems and vision difficulties for more than eleven months, requiring numerous opthamology visits, diagnostic testing, insertion of smart plugs, and an intraocular lens exchange.  The plaintiff lost his license, his job and his independence and continues to suffer from ongoing blepharitis and other vision difficulties after corrective surgery.

Settlement / Verdict:  Confidential settlement prior to filing suit.

Plaintiff’s counsel: Kevin F. Dugan and Holly B. Haines

Mark Abramson
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