Overview Of The Proposed Settlement
Plaintiffs Nicole Lazar and Steven Cameron Smith, two individual purchasers of Complete® MoisturePlus™ MultiPurpose Contact Lens Solution (“Complete MoisturePlus”) sued Advanced Medical Optics, Inc., now known as Abbott Medical Optics, Inc., (“AMO”) for alleged misrepresentations and omissions about the product. The lawsuit is styled Lazar, et al. vs. Advanced Medical Optics, Inc., et al., Orange County Superior Court Case No. 07CC01296. AMO denies Plaintiffs’ allegations and claims that Complete MoisturePlus met all FDA requirements.
The Parties have reached a Settlement, which is subject to court approval. The Settlement has the following provisions: (1) AMO will give a 100% cash refund for every bottle of Complete® MoisturePlus™ that a consumer bought if the consumer can document the purchase through a receipt or a bottle; (2) If a consumer cannot document his purchase of the product through a receipt or a bottle, but attests under oath to the purchase, AMO will give the consumer a $10 coupon that is “as good as cash” toward the purchase of other certain AMO products; (3) AMO will pay the difference between the total of the cash refunds paid and $650,000 to Guide Dogs of America and Children’s Vision First; (4) AMO shall not sell Complete® MoisturePlus™ in California; (5) If AMO applies to the FDA during the next three years for clearance to market a multi-purpose disinfecting solution that employs a “no-rub” and “no-rinse” regimen, AMO shall request the FDA’s permission to include on the product label specific cautionary language concerning the disinfecting ability of the solution.
The Court has certified the Class in this proposed Settlement to include all persons residing in California who purchased Complete MoisturePlus MultiPurpose Solution in California and did not resell it during the period from June 8, 2003 through the present. Excluded from the Class are the Defendants and any Judge presiding over this matter and the members of his or her immediate family. Also excluded from this Class are the legal representatives, heirs, successors and attorneys of any excluded person or entity, and any person acting on behalf of any excluded person or entity.
Subject to Court approval, Class Counsel will receive $1,847,529.00 for Class Counsel Fees and Expenses. Also, class representatives Nicole Lazar and Steven Cameron Smith will receive payments of $7,500 each in addition to their Claims.
What Are My Options?
- SUBMIT A CLAIM. The deadline to submit a claim was February 16, 2012. The full Notice of Class Settlement, which provides additional information regarding the Settlement and claims process, and a copy of the Court's order preliminarily approving the Settlement, which includes a copy of the Settlement Agreement, are available online or by contacting the Claims Administrator.
- OBJECT. Comments or objections to the proposed Settlement must have been filed by March 8, 2012.
Fairness Hearing
The Orange County Superior Court will hold a Fairness Hearing at Orange County Superior Court on March 23, 2012, at 9:00 a.m. in Department CX-105, located at 751 West Santa Ana Boulevard, Santa Ana, California 92701, to determine whether the proposed Settlement of the Class Action should be granted final approval.
