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Parker Waichman can we please have an update on how this is all playing out? It has been 17 months and it has been quite awhile since the last update. Thanks!
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Anyone heard how we are doing on all of this? I am all filed as far as lawsuit goes. I am still pretty much blind in that eye so I am really anxious to settle this and get the thing fixed. I also still suffer a little dry eye but for the most part its ok other than the fact that I cant read this screen if I use only that eye!!!!!!!!!!! It is going to be wierd to be able to see correctly again someday!!
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Coxxxy did you check to see if your case was filed under the link I gave in the previous thread? Mine isn't there and I'm wondering what is going on. Maybe they are waiting until the last minute to file? Not sure!!!
I still have blurry vision in my eye which sucks. I can no longer drive at night because it is just to difficult.
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They are all filed if you got your complaint in the mail with the file stamp on it. I would think not being listed on there is just a matter of the court system being slow about adding info on there. I still drive at night, but very unsafely.
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I got my paperwork but I am not on that site as well?? I went for a check up and now have astigmatism in my left eye ( which was the one I had 6 ulcers in) My vision is getting worse, I now am going to need bifocals...wonder if thats age(42) or if this caused me to decline faster?? How about you guys?
Linda
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I personally am pretty much blind in what I now always refer to as my bad eye. I cant read anything. I can see a bit but its all blurred. I see ok because my other eye has taken over. I bet I will be a bit awkward when I first get mine fixed. As far as I know I need the corneal transplant and then I should see much better. At least I am hoping so!! But I do have a signed file stamped complaint so I know mine is filed. I just dont show up on that site yet.
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I haven't gotten anything in the mail similar to a complaint with a file stamp on it. The only things I have received were all the paper work for signing up with them and a few updates.
They did contact me almost a year ago wanting me to ask the dr if I had fusarium keratitis because the dr never did tests and only diagnosed it as a "keratitis". How could you ask a dr if you had something a year earlier? It's not my fault he didn't follow up with tests. I have scarring on my eye and blurred vision, can't drive at night and now I might not even have a case because my dr didn't do testing.
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You need to have your doctor write a letter stating that it could very well have been this problem. My doctor said that my problem could have been a number of things and along the way I was diagnosed with several things. When they finally killed mine off it was with a surgical soap drop that just burned it out of my eye and destroyed my cornea. So that drop would have killed anything according to my doctor. He said that mine could have been Fusarium Keratitis and to me that is the only logical thing anyway. I wasnt swimming, using my contacts wrong or anything else around Memorial day of 2005. It was still to cold here to be swimming then!! Im having a hell of a time putting together damages though. I cant get United Healthcare to send me the explanation of benefits from back then because it was so far back. What a pain in the butt.
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You know, with as many folks as Parker and Waichman are representing on this matter, you would think more of them would be posting on here with us!!
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I'm going to call and get an appointment with my eye dr and talk to him about this. The thing is he didn't see me until my infection was nearly cleared up. I was seeing my family dr for what i thought was pink eye. I went back several times to my family dr and was being treated with different eye drops until we found the right one that seemed to work. I had an appointment with my eye dr and told him that I was just getting over several bouts of pink eye and he examined me and said it was never pink eye.
Coxxy can I ask, if they filed an individual lawsuit for you did you come up with the amount you are suing for or did they and if they did, what amounts are they asking for and does this include any furthur medical treatments?
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When you file a suit like this you never ask for a specific amount. The statutes for most states actually just state that, for instance, if you seek damages in excess of $50,000.00 you can file with the county courts and get a jury instead of a bench trial. So I believe mine just says damages in excess of 50,000. And yes they do ask for future medical on mine as I still have to have the corneal transplant.
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On my paperwork it states " to be determined at trial" Until some cases atart getting settled, we can't even speculate the dollar amounts. That is what someone told me from P & W. I don't need a corneal transplant but I know I will have problems in the future from this, so I do hope that will be taken into consideration as well.
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Does anyone know if P&W are doing cases of just strickly fusarium or are they doing cases of sensitive eyes, bacterial infections etc...
Also floridaeyes were you diagnosed with the fusarium with proper testing? I apologize if you have already stated that.
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I first went to 1 Dr who wrongly diagnosed me when it was just my left eye, the next day it was in my right eye too, so I went to an Opth. Due to me already being prescribed drops he could not culture my eye. He did take my contacts, lens and lens case and that all tested positive for fusarium. I actually saw it..it was gross!!
I think P&W are doing all cases, they are probably putting through the easier ones first.
Have you been in any contact with them? I would call and get update if not.
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I was diagnosed with Funsarium Keratitis in Jan. 2006 and had a corneal transplant in May 2006 and am still going to doctors as my sutures still have not been removed. I have not heard one thing from attorneys since submitting paper work. The last correspondence I received was Dec. 2006 from an attorney who is no longer with firm. I have called several times but never get to speak with an attorney. I also have checked the civil supreme web site and my name does not appear. Have any of you had luck speaking with an attorney or who do you speak with in the firm. I have however been reading all coments from Oxxy...Ouchmyeyehurts and Florida....hoping to get a bit of infor from you guys
L. in NC
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Wow Linda, that is a very long time ... I would demand to speak to an Attny. I have been dealing with the paralegals( Kurt and Michelle ) I had to fill out a plaintiff fact sheet. That was required by B&l and the Court. This is considered the discovery phase. It sounds like maybe you got lost in the shuffle,,it appears you have a very strong case. Good Luck and keep in touch!
Linda
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Yeah, I would say that Linda might want to call in to them. I have had lots of contact by both email and mail from P & W. I actually got an email from Michelle two weeks ago looking for my billing history on the injury. I assume they are making some headway on this. I also did not test positive on cultures for the fusarium but was cultured about two months into using 5 different drops in my eye. So my doctor said that the cultures could have just been skewed by medications. So I wouldnt worry about the culture thing. I think the greatest part of proof lies in the fact that we all popped up with a very rare infection at the same time. Also the same time that Bausch and Lomb accepted responsibility and we were all using their product. In my mind the strict liability part of our complaints should kick in and we should all be taken care of for that very miserable summer we went through. I honestly just cant wait to get mine fixed and have the vision back!!
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I hope claims aren't denied because of not being cultured. From my understanding, testing for fursarium is not normal. I hope B&L can't use this as a defense because how would that be our fault our dr's didn't do testing?
Also, does anyone know what some of the terms mean on the online court site? I have been following Janice Mcconnell's case and she finally just got a new court date for the end of Nov but her case has gone nowhere since June. She has alot of motions if you go under her case that I have no idea what they mean. Can't even really tell if they are anywhere near settling.
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Hi guys!
I got an update in the mail. It sounds as if they have been very busy with the Renu cases and that things are in their favor. Only downside is that they said they will continue to get depositions from B&L employees and it will take some time. How long is the question. I can see this lasting another 1-2 years.
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I really think B&L wants this behind them, I bet by Summer we will start settling all these suits. At least I hope anyways!! I want to get surgery and put this behind me so bad. I got the same letter too...they have a few months of work and then it'll go fast. Lets keep our fingers crossed.
Happy Thanksgiving to all!!
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I don't mind waiting at all, I mean we've come this far. I'll just be happy with future medical covered. It'll be interesting how my next eye appointment turn out as my right eye is almost completely blurry now.
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I got that letter also. I am pretty antsy about getting the surgery also and getting my vision right. I look forward to getting it settled, getting my bills all caught up, and getting my eyes healthy again. Thats my goal!!
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Well guys tomorrow is my eye appointment concerning the blurry vision I have at the moment. Hopefully it is something that can be corrected. I'll let you all know how it went. One question though, should I submit any records to P&W on tomorrow's visit?
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yes...every time i go to the dr. i get a copy and fax it right away so they have have the most current info on file. good luck and let us know!
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Hi guys!
Sorry for the delay. My eye visit went fairly well. I was told my blurry vision is from the oil that mixes with tears is not there. So basically it can be compared to dry eye. Not sure I agree with that fully but I will be seeking a second opinion because I still can't drive at night from the blurriness.
She did say that the scarring hasn't gotten any worse and that my eye looks much much better then last visit. I was excited!
I finally did receive my copy of my complaint that was filed along with all the paperwork and I'm just dreading on filling the papers out. I'm not one to remember dates. Did anyone else have trouble filling out the papers? Also does anyone find it odd that they would ask for the contact lenses used while the infection was going on? Two years later of course I wouldn't have the lenses. My infection was long before the recall of moisture loc so anything I had I was told to dispose of by my doctor.
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