Stephanie Guarisco of Clovis, New Mexico recently filed a lawsuit against Hubble Contacts' parent company, Vision Path. Guarisco alleges that she had to undergo the removal of one of her eyes due to a defect in the contact lenses that were sold to her by Hubble Contacts. The lawsuit was filed in the New York State Supreme Court and claims negligence and consumer fraud among other counts.
In early 2020, Guarisco purchased Hubble contact lenses which she wore as her daily lenses until late July of that same year. However, weeks later, she experienced severe pain in her left eye and was diagnosed with an inflamed iris condition called iridocyclitis. Court documents reveal that she was later diagnosed with a corneal ulcer of the left eye which progressively worsened.
Guarisco’s eye problems continued to deteriorate, and she made a hospital visit for allergy-like symptoms in her right eye. Her allergies included “discharge, redness, itching, and visual disturbances.” Eventually, she was diagnosed with a corneal ulcer in the righteye. Despite undergoing multiple surgeries, the ulcer could not be repaired, and she ultimately had a permanent prosthetic placed in her right eye socket.
According to Guarisco, “Hubble contact lenses were unsafe, defective, and inherently dangerous in that the contact lenses were subject to a high rate of eye infections and corneal damage during normal and customary use,”
Methafilcon A in Contact Lenses
Guarisco claims that Hubble contact lenses caused her to lose her vision due to the use of methafilcon A, a silicone-based polymer used in the manufacturing process. While these lenses are approved by the U.S. Food and Drug Administration, many optometrists suggest that methafilcon A is unsuitable for contact lenses as it doesn't provide enough oxygen to the eye.
Methafilcon A is an older contact lens material. In the early 2000’s, materials like silicone hydrogel were made available to customers have surpassed Methafilcon A in terms of breathability and durability. In fact, silicone hydrogel now accounts for a significant majority of all soft lenses in the United States.
Vision Path Lawsuits
Guarisco accuses Vision Path of not following proper procedures for verifying customer prescriptions and paying customers for positive reviews of the lenses on its website.
Vision Path has released a statement saying, “We were saddened to hear about this occurrence and were unaware of the customer's claims until we received the lawsuit… We began our investigation immediately following. Given the early stages of the case, we are unable to further comment on the specifics of the allegations or the results of our internal investigation.”
This is not the first lawsuit filed against the contact lens maker. Vision Path has faced legal action before such as in January 2022, when the company was ordered to pay a settlement of $3.5 million to the Federal Trade Commission for failure to obtain proper optometrist prescriptions for customers' contact lenses, in violation of the FTC's Contact Lens Rule.
In the previous June, Vision Path was fined nearly $375,000 for deceptive marketing practices. These legal actions reflect the company's previous failures to uphold certain industry standards and highlight the importance of maintaining compliance with regulations.
Contact Our Firm
If you or a loved one has experienced injury due to defective eye contacts or any other product, there are legal options available to you. Our experienced product liability lawyer has a track record of success, having recovered hundreds of millions of dollars for clients over several decades.
The process of obtaining financial recovery for your physical, emotional, and financial losses can be overwhelming, which is why Brett H. Oppenheimer, PLLC, is here to help. We understand the impact that injuries due to someone else's negligence can have on your life and are dedicated to fighting for your rights and fair compensation.
Contact us to learn more about how we can help you with your product liability case. Call (502) 242-8877 or fill out our form online to get started.