AMO Urges Consumers to Dispose of Evidence

John Hopkins

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The OCRegister reported that AMO and the FDA are "...urging people to dispose of Complete Moisture Plus Multi-Purpose solution...", which the CDC and FDA have linked to a rare and unusual eye infection. Acanthamoeba is an organism commonly found in water. Although most acanthamoeba infections occur in contact lens wearers, it is extremely rare; affecting only one or two wearers in every million contact lens users.

Although AMO persists in blaming the consumers for their own infections, it seems pretty clear that the Complete solution was not up to standards in resisting infection.

So, why do I raise the issue regarding AMO recommending that consumers dispose of the solution and their cases? The disposal of the solution and the cases reaps a potential benefit to AMO. I suspect that one of the things that AMO will expect from plaitiffs is to prove they used the solution; but, without consultation with an attorney, the public is being encouraged by AMO to destroy the very evidence that AMO will later expect the plaintiffs to produce in order to validate their claims.

Reports indicate that AMO may have known about the problems with the Complete solution ofr as long as two years and did nothing to warn the public. Should we trust that AMO is simply now looking out fo rthe best interests of the consumer by encouraging disposal of the evidence? I think not.

For more information on this subject matter please refer to the section on Defective and Dangerous Products.