Ky. Appellate Court Says Eye Antibiotic Case Fails for Lack of Foreseeability Evidence

LEXINGTON, Ky. — A Kentucky appellate court has refused to reinstate an action accusing Bausch & Lomb Inc. of failing to warn that the “off-label” use of its ophthalmological antibiotic Besivance can cause vision impairment, ruling that the plaintiff’s failure to present evidence of foreseeability doomed her claims.

In a Dec. 11 opinion, the Kentucky Court of Appeals concluded that after the trial court excluded the plaintiff’s expert testimony, the plaintiff was unable to identify any evidence showing that B & L knew or should have known that her surgeon’s decision to use Besivance might lead to complications.

In 2011, …