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.