Mississippi woman sues pharmacy claiming drug caused fungal infection in eye

Michelle Keahey Oct. 1, 2012, 3:49am

NEW ORLEANS - A Mississippi woman has filed a lawsuit against a pharmacy that provided a product used during her eye surgery claiming the product caused a fungal infection which has resulted in vision loss.

Ruth Smith filed suit against Franck's Lab Inc., individually and d/b/a Franck's Compounding Lab and/or Franck's Pharmacy Inc., Markel Insurance Co., Markel American Insurance Co., Evanston Insurance Co., Essex Insurance Co., Deerfield Insurance Co. and Associated International Insurance Co. on Sept. 28 in federal court in New Orleans.

Smith claims she underwent eye surgery on Nov. 21, 2011 in Metairie. During the surgery, the defendants' product Brilliant Blue G was used and placed in or on plaintiff's right eye. According to the lawsuit, the product was contaminated with Fusarium incarnatum-equiseti species complex and other microorganisms, which caused fungal endophthalmitis.

She suffered a severe loss of vision in her eye and is unable to perform her activities of daily living.

According to the suit, the FDA issued a recall of the Brilliant Blue G drug. The FDA's recall states that Brilliant Blue is not an approved drug in the U.S.

The defendants are accused of negligence, product liability, strict liability, and are liable under the provision of the Louisiana Products Liability Act, Smith argues.

The plaintiff is asking for an award of damages for physical pain and suffering, mental anguish, medical expenses, loss of enjoyment of life, loss of use/function of her body, disability, loss of earnings, loss of earning capacity, interest, and court costs.

Smith is represented by Michael Hingle of Michael Hingle & Associates in Slidell and Robert M. Johnston of Law Offices of Robert M. Johnston in New Orleans. A jury trial is requested.

Case No. 2:12-cv-02398

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