Goldberg Segalla successfully defended one of the world’s leading manufacturers of eye care products in a products liability and negligence action involving a failed corrective surgery. Michael D. Shalhoub and Lisa M. Robinson of the Product Liability Practice Group represented the manufacturer in the United States District Court for the Northern District of New York.

The plaintiff alleged that her vision was impaired by Toxic Anterior Segment Syndrome (TASS) following surgery for a multifocal lens replacement. She allegedly required a corneal transplant, but her vision was never fully restored. Following the procedure, the plaintiff and her husband commenced an action against the surgeon and the hospital where the surgery took place for medical malpractice and against the manufacturer of the eye products for products liability.

Prior to trial, Goldberg Segalla was successful in obtaining summary judgment for most of the eye products used in the surgery based upon federal preemption.  However, a cause of action remained against one of the company’s solutions used during the surgery.  Based upon the motion for summary judgment decision, the case went to trial on a cause of action for negligence against all of the defendants based upon the doctrine of res ipsa loquitor.

At the close of plaintiff’s proof, Goldberg Segalla successfully argued via a Rule 50(a) motion that the res ipsa loquitor doctrine was not applicable to the manufacturer. On December 8, 2011, the court issued its verdict dismissing the negligence case against the manufacturer and ending the matter for our client.