Claims against Oculentis intraocular lens

If you believe that you have been injured as a result of a defective Oculentis lens then call us for advice. We can guide you through making a claim for compensation on a no win no fee basis. You may also be entitled to have the lens replacement surgery free of charge.   

There are increasing numbers of people who are having intraocular lens replacement, not just to treat cataracts but also those who elect to have intraocular lenses so that they are no longer reliant on wearing glasses. However, there are also increasing numbers of complaints of people suffering from a gradual onset of blurring of their vision caused by clouding of the intraocular lenses. The defective lens will require surgical removal and replacement of the lens under general anaesthetic. The lenses should have lasted a lifetime. In many cases, the outcome after remedial surgery has been poor with a permanent visual impairment and patients having to revert back to wearing glasses full time.  Some people have suffered a loss of independence.

Oculentis produced a multifocal intraocular lens to improve visual accuracy at all distances. In 2014 and again in 2017 the manufacturer issued Field Safety Notices to raise awareness that there was an increased incidence of calcification of the lenses within a few years of the lens being implanted. The problem was traced to a manufacturing process which caused a reaction with calcium phosphate deposits on and below the surface resulting in opacification of the lens. The manufacturing process was subsequently altered but patients are still at risk if they received lenses manufactured before 2015.

Claims can be brought against the manufacturer Oculentis under the Consumer Protection Act 1987 for the defective product but also a claim for breach of contract against the supplier, e.g. Optical Express, Optegra, or the private hospital who provided the product.

Court proceedings have been issued against Oculentis, the supplier and the credit card company in our lead individual case and there is to be a trial in October 2022. This trial is to determine the issue of liability against Oculentis under the Consumer Protection Act 1987, i.e. to establish whether the product is as safe as persons generally are entitled to expect. The result of this trial will be helpful for all the other individual cases.

The contractual issues against the suppliers and credit card companies are stayed until after this trial. The suppliers, who may be the private eye clinics or private hospitals, have a different legal responsibility to the claimant. In a contractual situation the product supplied must be of satisfactory quality and fit for purpose.  The credit card company will be jointly liable for any breach of contract on the part of the supplier.

 

How we can help with claims against oculentis

Our harmful products team has experience of pursuing defective lens claims.  If you have suffered visual impairment, a loss of independence, an inability to drive, have had to give up your job or leisure activities. We can take you through the process of making a claim for compensation. In addition to your pain and suffering, you could be entitled to your out of pocket expenses incurred in seeking remedial treatment, time off work and care needs. If you have been affected by an Oculentis implant, get in touch by using the telephone or envelope icons on this page and we will help you find out if you are eligible to claim.

Key contact

Pauline has over 28 years’ experience of multi-party litigation relating to medical devices, implants and pharmaceuticals. She has also acted on behalf of claimants in all aspects of health care claims. Representing adults, children and claimants without capacity.  Handling claims of moderate value up to claims involving multi-million-pound damages.

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Mark Harvey has a wide-ranging practice, which includes product liability, sports accident and travel claims, as well as abuse cases. Sources assert that he is "a really impressive litigator who puts together enormous cases and steers the whole thing."

Chambers and Partners UK

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Mark Harvey is a leading practitioner and is the object of praise with regard to his expertise in handling headline product liability claims. One source says: "He's really at the forefront of claimant class and group actions in terms of how to strategically run them. Very few people have as much experience as him."

Chambers and Partners UK

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Equally as capable when assisting individual clients as when providing robust support during complex group litigation.

Chambers and Partners UK

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The team at Hugh James undertakes work of the utmost complexity in this field. They have the strength-in-depth to be able to take on litigation of any size, from single claims to complex, multi-party medical product litigation'.

Legal 500

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Mark Harvey is a complete master in the field; he combines legal knowledge, sound tactical skills and good judgement'.

Legal 500

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Mark Harvey is excellent and the person you would want running your product case.

Legal 500

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Pauline Roberts is hardworking and very knowledgeable. She has superb client skills and the talent to find 'the something' that can make the difference in the mass of disclosure that often accompanies major litigation in this field'.

Legal 500

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The extremely experienced Mark Harvey garners praise from market sources for his "very good understanding of the claimant market." His practice demonstrates considerable prowess in the co-ordination of multiparty proceedings and large group actions, particularly those relating to defective medical devices. Another source describes him as "an excellent cross-border litigator."

Chambers & Partners UK

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Department co-head Mark Harvey offers a well-regarded personal injury practice, with particular expertise in product liability claims. One source says: "He has a very strong reputation in Cardiff for being a technically good and tough litigator."

Chambers & Partners UK

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