What should I do with my CooperVision Avaira Toric or Avaira Sphere contact lenses if I experience symptoms?
Save the packaging and the individual contact lens containers. DO NOT DISCARD THE CONTACT LENSES. The packaging contains important information such as the lot number of your contacts.
Should I have my doctor report my symptoms to the FDA if I have used Avaira Toric or Avaira Sphere contact lenses?
Yes, ask your doctor whether he/she intends to report your case to the FDA. It is important that reports of any serious symptoms, and particularly vision loss, are reported. You can also contact the FDA at 1-800-332-1088
What should I do if I am considering making a claim for injuries caused by my Avaira contact lenses?
Keep your remaining contact lenses and packaging in a safe place. Obtain copies of your medical records from your eye doctor(s). Check the lot number of your contact lenses against those lot numbers being recalled.
If my Avaira Toric or Avaira Sphere lenses are from a lot number that is not included in the recall does that mean I don’t have a claim?
Not necessarily. It is possible that the recall will be expanded to include additional lot numbers. In fact, original the recall has already been expanded several times. The original recall included several hundred thousand lenses. Today the recall includes several million lenses.
How much time do I have to file my Avaira contact lens lawsuit?
It varies by state. Most states have at least a two year statute of limitations. Some may be shorter. It is very important to contact a lawyer who can determine your statute of limitations. A claim filed after the statute of limitations will be subject to dismissal by the court.
Will my Coopervision contact lens lawsuit be part of a class action?
No. Your case will be filed as an individual case. However, it is possible that it will be consolidated with other similar cases into what is known as a mass tort, or multi district litigation (MDL). Whether the cases are consolidated depends upon several factors including the total number of cases that are filed, and whether it will be more efficient for the courts to consolidate the individual cases in a single venue.
Do I need an attorney to pursue a claim for my Avaira Toric or Avaira Sphere contact lens injury?
Probably. Medical device cases are complex cases that require medical and scientific experts to prove the case. Typically proving these cases will require review of thousands of documents, understanding of complex medical engineering and scientific data and resolving complex legal issues. Negotiating a settlement and dealing with subrogation of medical insurance liens is usually beyond the expertise of most non-lawyers.