Cataract patients sue NHS over faulty IOLs

The NHS is facing a lawsuit because a group of patients who were fitted with faulty intra- ocular lenses during cataract surgery are unable to sue the vendors. The 20 'mainly elderly' patients, from Lancashire, were fitted with Aqua-Sense hydrophilic IOLs at Morecombe Bay Hospital NHS Trust, Drayton House Clinic and Chorley & South Ribble PCT between April 2000 and March 2001. Preston-based Birchill Blackburn Solicitors is preparing a group action for pain, suffering and loss of amenity on behalf of the patients. Senior litigation executive Duncan Stackhouse told optician he was alerted to the situation in September after a client contacted him. 'It is very difficult to find out how many of these lenses were used. Other solicitors, acting on behalf of one or two clients, have contacted me. I think this is just the tip of the iceberg.' The lenses were made by US firm Ophthalmic Innovations International (OII) and imported and distributed by Norfolk-based Ophthalmic Innovations International UK. The two are only connected by a similar name. In April 2004, the Medicines and Healthcare products Regulatory Agency (MHRA) issued an alert to all NHS trusts about the lenses, stating 27 per cent of the 868 implanted lenses had been identified as 'developing cloudiness leading to replacement'. Part of its statement said that OII had informed its customers of 'increased incidence of opacification' caused by faulty packaging, in May 2001. Under the Consumer Protection Act, importers have to compensate for faulty products, but in this case the company was not insured. Stackhouse said it would be costly to pursue the US manufacturer and he was therefore seeking advice on acting against individual Trusts or the NHS. 'In my opinion it is a common issue and there should be one application for one ruling. They may have to pick up the tab, this could be ground-breaking stuff,' he said. 'There's also a question of why the MHRA warning was not until April, when OII admitted problems three years ago, and I knew in September.' He added: 'This isn't the world's biggest claim, but it would be remiss of me to try to put a figure on it at the moment.' A spokesperson for the NHS Litigation Agency said, 'We understand that the manufacturers accept that they are at fault. At present there is only one claim against the NHS that we know of.'