AMO Contact Lens Solution
MacKay v. AMO Canada Company et al
Nova Scotia Supreme Court File: Hfx No. 287972
On November 8, 2007, Wagners filed a proposed common law class proceeding in the Supreme Court of Nova Scotia on behalf of all residents of Nova Scotia who have suffered personal injuries and other damages as a result of having used AMO Complete All-In-One MoisturePLUS contact lens solution.
On May 25, 2007, Advanced Medical Optics, Inc. announced a global recall of their Complete All-In-One MoisturePLUS contact lens solution product. On May 28, 2007, AMO Canada forwarded an “Urgent Recall Notice” to Canadian health care professionals to advise of the recall of the solution. Finally, on May 30, 2007, Health Canada issued a public health advisory concerning the recalling of the product.
The recall of the contact lens solution was due to an increase in the risk for contact lens wearers’ developing an infection known as Acanthamoeba keratitis, or AK. This infection is an extremely painful and debilitating eye condition which may result in blindness. The AK infection attacks the cornea of the eye and leads to eye pain, redness, blurred vision, sensitivity to light, frequent tearing and the sensation of a foreign matter
being in the eye.
In order to confirm a diagnosis of AK it may be necessary to take corneal scrapings from the patient to permit stain and culture of the sample. If caught early enough, AK may be treated with a regime of drugs and anti-amoebal toxins. Unfortunately the diagnostic procedures and treatment of the AK infection can be very painful. In advanced cases of AK, surgery may be required in the form of a corneal transplant.
In 2006, the University of Illinois at Chicago observed an unusual increase in reported cases of AK. Following that, in January 2007, the U.S. Centre for Disease Control and Prevention (CDC) initiated a study of twenty-two ophthalmology centres across the United States. By March 2007, the CDC had received data showing a marked increase in AK in the United States. By May 24, 2007, the CDC had gathered data showing at least one hundred
and thirty-eight cases of AK in the United States since January 1, 2005.
A common feature linking many of these AK cases which were reported to the CDC was the use AMO’s Complete All-In-One MoisturePLUS contact lens solution. The CDC found that contact lens wearers using this product were more than seven times more likely to develop AK than contact lens wearers using other products.
Update – June 22, 2015
We understand that a settlement has been reached with respect to the AMO Contact Lens Solution class actions and that efforts will shortly be underway to conclude this case.
If you have any questions concerning the AMO class action and the settlement that has been achieved, we ask that you contact our partners in British Columbia, Klein Lawyers LLP, for further information.
Update – January 14, 2015
The litigation remains ongoing in British Columbia. We are awaiting an outcome on those proceedings.
Update – December 5, 2012
We have been provided with a Case Plan Order by Doug Lennox, lead Counsel for the Plaintiffs and Class Members. The Order may be viewed under the Court Documents tab.
Update – July 12, 2012
We have been advised by Doug Lennox, lead Counsel for the Plaintiffs and Class Members, that the trial in this proceeding is scheduled for October 2013 in Vancouver, BC. Document disclosure to be followed by oral examinations will be held in the fall of 2012.
Update – March 7, 2012
The British Columbia firm of Klein Lyons continues to represent all persons resident in Canada who purchased or used the Contact Lens Solution and who contracted Acanthamoeba Keratitis after using the product. Claimants in Nova Scotia are included in Klein Lyons’ class.
Update – January 10, 2011
Klein Lyons were successful in the Defendants’ appeal of the certification decision with respect to the AMO contact lens solution lawsuit. The appeal hearing took place on September 27, 2010. On December 8, 2010, the Court delivered their Reasons for Judgement and the appeal filed by the Defendants’ was dismissed.
The British Columbia Court of Appeal Decision may be found under the Court Documents tab.
Update – June 6, 2009
The British Columbia class action was successfully certified on May 26, 2009.
Update – December 5, 2008
The certification hearing was heard in British Columbia on December 1 to 3, 2008. The Honourable Justice Butler reserved decision.
Update – November 1, 2008
The certification hearing in British Columbia has been scheduled for December 1 to 3, 2008.
Update – March 1, 2008
We have provided to Klein Lawyers LLP, the names and contact information for all class members who registered with Wagners concerning the AMO Contact Lens Solution class action.
If you have any questions concerning the AMO class action, we ask that you contact our partners in British Columbia, Klein Lawyers LLP, for further information.
The following documents concerning the class action which Wagners has filed as a result of the problems and injuries with the use of the AMO Contact Lens Solution are available for viewing in PDF format:
Wagners is presently accepting enquiries from residents of Nova Scotia who have suffered personal injuries and other damages as a result of having used AMO Complete All-In-One MoisturePLUS contact lens solution.
If you, or a member of your family, have suffered eye problems or have been diagnosed with the AK infection as a result of using AMO Complete All-In-One MoisturePLUS contact lens solution and injury or other losses have resulted, you may be eligible to be included as a Class Member in our proposed class action lawsuit.
To sign up and determine if you qualify, please fill out this registration form: