N.Y. Appellate Court Dismisses German Manufacturer, Distributor from Artificial Lens Case

ROCHESTER, N.Y. — A New York appellate court has ordered the dismissal of a German manufacturer and a distributor from an artificial lens action, ruling that the due process prong of long-arm jurisdiction was not satisfied as to the German company and the failure-to-warn claim against the distributor is preempted.

In a Feb. 5 ruling, the New York Appellate Division, 4th Dept., reversed a trial court order denying motions to dismiss filed by Morcher GmbH (Morcher) and FCI Ophthalmics Inc. (FCI).

On Aug. 20, 2015, Joseph Barone was implanted in his right eye with Bausch & Lomb’s Crystalens AO Lens. …