In the summer of 2005, Bausch & Lomb learned of serious eye infections caused by their ReNu with MoistureLoc contact lens solution. Approximately 6 months later they initiated recalls only in Hong Kong and Malaysia, continuing to sell the product in the U.S. until April 2006, completely disregarding the safety of U.S. consumers. Evidence later showed that they: “cut corners” in the design and testing of ReNu; lied to the FDA to gain their approval; switched the formulation of ReNu to get it to market quicker; and hid its February 2006 recall in Asia from U.S. regulatory agencies. As a result thousands of people were injured, including Elizabeth Poole who underwent painful and extensive surgeries and treatments, eventually losing her eye. This is her story and the story of how a major Fortune 500 company lied to the FDA and consumers all in the name of profit. Ken Wexler and Ed Wallace, partners at the law firm of Wexler Wallace LLP, join Elizabeth Poole and Debra Pritss, a registered nurse with Wexler Wallace LLP, to discuss this case and its impact on consumers.
Ken Wexler devotes his practice to helping those whose rights have been denied or who have been victims of the unscrupulous or fraudulent actions of others, most often by more powerful entities. Founder of the firm that bears his name, Ken has been in leadership positions in cases with far-ranging subject matters, including brand name manufacturer suppression of competition from generic drugs, fraudulent and deceptive product overcharges, discrimination and harassment, corporate waste and mismanagement, cost recovery for defective medical devices, false advertising, and government fraud. Ken’s practice is devoted to complex class action and commercial litigation.
Ed Wallace is a partner at the Chicago office of Wexler Wallace. He has seen the judicial system at work from both the plaintiff’s and the defendant’s perspective. He has been asked to serve in prominent positions in numerous complex cases, including recent appointments in cases involving the technology and pharmaceutical industries. Ed is also a member of various legal organizations, including the American Association for Justice and the National Association of Shareholders and Consumer Attorneys.
Wexler Wallace is dedicated to achieving positive change for consumers, employees, shareholders and special groups who have been injured by individuals or organizations through fraud, antitrust violations, unfair competition or other types of unlawful misconduct. The lawyers at Wexler Wallace likewise believe that those who seek to hold the powerful accountable are entitled to lawyers of the same or better quality as the lawyers who represent their adversaries. Wexler Wallace is also different than other law firms because of its passion and because of its willingness to risk what it takes to achieve successful results. You can contact Ken Wexler and Ed Wallace at 312-346-2222,