The issue of product recalls rears its head a lot in our medical
device practice. Or non-recalls, to be more precise. In the
unsavory world of plaintiff solicitation, we have seen, over and
over again, that plaintiff firms and their "phone banks"
recruit potential plaintiffs by telling them that devices that
remain in their bodies have been recalled by the FDA when no such
recall has occurred. Plaintiffs file lawsuits under this
misapprehension, and no one ever tells them it's false. It is
fear mongering at its most unscrupulous.
Today's case is about something different in the world of
recalled products. In Christian v. Altaire Pharms., Inc.,
2020 WL 6051255 (E.D. Ky. Oct. 13, 2020) the plaintiff sued the
manufacturer and seller of a nighttime eye lubricant ointment,
alleging that it caused her permanent eye injury.
