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.
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 possibly 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.
Initially claims were being pursued against the manufacturers Oculentis BV but they were declared bankrupt in September 2021. All court proceedings against them are stayed and we are therefore no longer pursuing the manufacturer. However, claims can be brought against the supplier of the product, e.g. Optical Express, Optegra, or the private hospitals who provided the product and where treatment was carried out. We are pursuing these cases for breach of contract under the Supply of Goods and Service Act 1982 and the Sale of Goods Act 1979. We are alleging that they provided a product that was not of satisfactory quality and not fit for purpose.
In cases where a credit card was used to pay for treatment the credit card company can be included as a defendant under the Consumer Credit Act 1974. We were due to go to trial with our lead case to determine these allegations in October 2022. However, we have settled that case and we are seeking to negotiate settlement of other cases against the suppliers.
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.
Pauline has over 32 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.
Contact one of our experts
Fill in the form and one of our experts will get in touch with you shortly.