Eye drop manufacturer sued on claims of partial vision loss
NEW ORLEANS - Claiming he is suffering from an almost complete loss of vision in his eye following surgery, a Jefferson Parish resident has filed a lawsuit against the manufacturer of Brilliant Blue G eye drops arguing that the drops were contaminated.
James Johnson Jr. filed the lawsuit against Franck's Lab Inc. d/b/a Franck's Compounding Lab, Franck's Pharmacy Inc. and Evanston Insurance Co. on Nov. 12 in federal court in New Orleans.
On Nov. 28, 2011, Johnson underwent surgery on his right eye and Brilliant Blue G was injected or placed into his right eye.
Following the surgery, Johnson developed a severe and painful fungal infection in his right eye. He claims that he has sustained an almost complete loss of vision in his right eye.
The batch or lot of Brilliant Blue G that was used during the surgery was contaminated with microorganisms and other contaminants. The product was recalled in March 2012 by the Food and Drug Administration, the suit claims. Other suits have also been filed against the defendants on similar claims.
The defendant is accused of violating the Louisiana Products Liability Act, breach of implied warranties and negligence.
The plaintiff is seeking an award of damages for medical expenses, physical pain and suffering, mental anguish, emotional distress, loss of enjoyment of life, personal grief, disability, loss of use/function of his body, interest, court costs, and attorney's fees.
Johnson is represented by Michael J. Ecuyer and M. Palmer Lambert of Gainsburgh, Benjamin, David, Meunier & Warshauer L.L.C in New Orleans. A jury trial is requested.
U.S. District Judge Kurt D. Engelhardt is assigned to the case.
Case No. 2:12-cv-02738