2nd Cir. Reinstates Connecticut Product Liability Act Claims in Cataract Lens Case

NEW YORK — The 2nd Circuit U.S. Court of Appeals has reinstated Connecticut Product Liability Act claims accusing Bausch & Lomb Inc. of failing to provide the Food and Drug Administration with adverse event reports concerning its cataract lens, ruling they are not preempted by federal law.

In an Aug. 8 opinion, the appellate panel adopted the Connecticut Supreme Court’s ruling that the CPLA creates a cause of action, rooted in traditional Connecticut tort law, against medical device manufacturers that fail to provide adequate warnings to regulators.

Marjorie Glover underwent two cataract surgeries in 2014, during which her physician implanted …