Warning Claims Permitted to Proceed Against Bausch & Lomb in Artificial Eye Lens Case

SAN DIEGO — Failure to warn claims asserted against Bausch & Lomb in connection with its Crystalens artificial eye lens are not expressly preempted to the extent they accuse the company of failing to submit adverse event reports to the FDA, a California federal judge has ruled.

However, in a March 11 order, Judge Jeffrey T. Miller of the U.S. District Court for the Southern District of California dismissed the plaintiffs’ claims of deceptive advertising and deceptive business practices, ruling that federal law expressly and impliedly preempts them.

In April 2012, Irena Michajlun underwent cataract surgery, during which her surgeon …