B&L lawsuit???

[karen]

Hey, do you guys know what is up with some lawsuit? A few patients have called one of my accounts asking questions and nobody has any idea what they are talkng about

[John R]

Is this what you are looking for
this is a link to b/l site about a law suit :D http://www.bausch.com/us/resource/ab...e=cf551001.inc

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Every day a grind
Every week a bind
www.iooi.co.uk

[karen]

thanks john, but I don't think that is it. these patients were talking like the company had done something wrong to the consumers and they wanted to get on the suing bandwagon.

[John R]

Oh well i dont think that they would put that on their web site :D We will just have to keep our ears to the ground.

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Every day a grind
Every week a bind
www.iooi.co.uk

[Dave Nelson]

Ther was a class action lawsuit against B&L for "misleading" consumers by packaging the same lens as both a disposable and a regular daily wear. I received some forms for people to fill out and B&L was to send them a cheque. Only one guy ever bothered to fill out the form, then he did'nt bother mailing it. The whole thing was a crock, and was a typical misunderstanding by laypersons on how contacts are sold. I think they also came under the gun for selling contact lens saline as an eyedrop for ten times the cost as the saline would cost. Sound like a ripoff, until you consider the enormous cost of R&D required and FDA approvals to gain approval as an eyedrop... its called the cost of doing business, and yes, its passed to the consumer. Thats fair. I think B&L was was the one ripped off.

[chip anderson]

This isn't B&L exactly but could this be what your customers are talking about?CIBA Vision Antitrust Case Settles Out of Court

SACRAMENTO, Calif.--Under a partial settlement of an ongoing antitrust
case, CIBA Vision, a division of Swiss company Novartis AG, will
provide rebates and other benefits to consumers who bought its
disposable contact lenses or those made by Vistakon, a division of
Johnson & Johnson Vision Care (NYSE: JNJ), and Bausch & Lomb (NYSE:
BOL) after January 1, 1988. CIBA will give consumers a $35 cash rebate
on certain CIBA replacement lenses plus a pack of discount coupons, and
make a $5-million payment.
The suits alleged that consumers paid high prices for replacement
lenses because the manufacturers agreed with optometrists to restrict
competition, and that Vistakon and Bausch & Lomb continue to restrict
distribution of their contact lenses.
The deal removes CIBA Vision from ongoing antitrust suits brought by
California and 31 other states against the three lens manufacturers,
the American Optometric Association, and individual optometrists. The
consolidated suit against the remaining companies goes to trial in
Florida in March.


This is from V.Jobson & Vision Monday's newsletter.

[Rhonda]

I'm in Omaha and our Sunday paper had a BIG block on this lawsuit. It is a class action suit against most everyone who makes disposable lenses. Sounds like the basis is price fixing in OD offices v. free eceonmy purchase of CL's (ya know - those docs who refuse to give out cl RXs). The info contact is:

1-888-811-0385 or http://www.contactlenssettlement.com

Hope this helps. I'm going to clip the article. If anyone wants a copy Email me your fax and/or snail mail.

[karen]

thanks everybody for the info-that was very helpful!!

[Darris Chambless]

Hi Karen,

Go to www.contactlenssettlement.com.

Darris C.

[Dave Nelson]

Ok do I understand that the lawsuit is against manufacturers of contact lenses for NOT supplying contact lenses for any barbershop or used car lot who wants to sell "replacement" lenses? Is attempting to restrict the sale to licenced practitioners viewed as price fixing instead of insuring the product is dispensed by a pro with proper care, wearing instructions, and follow-ups? The selling of Contacts is so highly competitive that I dont see any "inflated prices" In fact, if and when they appear on drugstore shelves, my fitting fee will quadruple,regular follow-up visits will be billed, and those friendly no-charge visits for evaluation, advice, biomocroscopy, overrefractions ect will suddenly cost $$$. Hmmm. no saving $ there.

[chip anderson]

This business was great when the O.D.'s were afraid of contacts, the M.D.'s considered them too technical and time consuming and the lenses were fitted and cared for by opticians but only on the written Rx of.

Then some idiot told the others they were profitable. Then so many people got in on the act it's not fun or profitable anymore. The only way to make money is with some sort of duplicit contract and legislative exclusivity.

[Pete Hanlin]

Hey Dave,
Do you mean you don't make money hand over fist in the lucrative contact lens biz?!? Geez, with the whopping $3-4 profit per box we make on disposable lenses, we should all be able to retire...

The profit has been gone from contact lenses for some time (except for things like kerataconus fits and such). If you don't make your money on the service fees, you won't make money period.

As much as our friendly disposable lens reps like to say that they are on our side, the fact is that the manufacturers have pushed the disposable lens market into a position where buying lenses is like buying socks. Think about it, they advertise brand types directly to the consumer (with 4 point print at the bottom of the screen that reminds the patient to go see their doctor), they come out with lenses with only one base curve (they either fit or they don't, it takes no skill to choose the lens), and they happily sell lenses to Linda Carter and friends- who proceed to sell them to whomever dials their number or visits their website.

Pete "soft contact lenses- bah humbug" Hanlin

[Darris Chambless]

Howdy People,

Here it is in a nutshell: This sight and the hub bub is actually a petition in order to get support for a class action lawsuit. If you read it closely you will find this out. At present they want signatures (clients) so that they can get this into court and not have it thrown out immediately.

Anti-trust laws are interesting in that they provide the means by which to bring a lawsuit on just about anything concerning business, for or against. Read the Sherman Act and you will find out just how ambiguous anti-trust laws really are. Anti-trust is a hard thing to support in court unless it involves a monopoly in which case it will be heard in a court of law. This was not a monopoly situation so I would be willing to bet that this will fall by the way side and disappear.

Ya'll have fun.

Darris C.

[Jeff Trail]

Darris,

did that dive mask thing work out? .. now onto the subject at hand one of my regular golf partners is a corp lawyer (I guess we all have to make a living somehow :) ) well we were talking about this and one of the factors considered is previous business dealings as well and if "shady" things were common with the comapny as well.. hmmm.. seems I remember B&L got nailed a while back for selling the SAME exact contact under three seperate names and PRICES :) ...wasn't that B&L?
If the lawyer can prove a pattern of misrepresentation then that goes a long way in getting it passed the first round of hearings..

Jeff " so shoot me..I watched "paper chase" when growing up" Trail

[Andrea]

After reading some of the info. on www.contactlens...how would someone prove they bought contacts 10 years ago w/ no receipt and no doctors record from that long ago? Or does that matter?

[Darris Chambless]

Howdy Jeff,

Yeah thanks for the info on where to get the hardware. Chad called S.K.U.B.A. and they said that there was no such animal and no one made them. So I told him to call Franel like Jeff had suggested. With some hesitation he called Franel and low and behold they had exactly what we needed. That's what he gets for doubting "The Jeff" :-)

As to the legal thing: The Paper Chase was a dramatization and not very accurate when it comes to the changing times of Law :-) To prove a pattern of misrepresentation is very difficult because of the amount of "specualtion" one must use in order to get back to the legal matter at hand. What I mean by that is all a defense lawyer has to do is bring in enough evidence showing that there was no "intent" of misrepresentation but rather a means by which to increase the number of sales units to boost profits for the company. Then he can use the same anti-trust laws against the plantifs which would deem the case against them unconstitutional and therefore would have to be thrown out immediately.

This one is so easy it isn't even funny. If B&L does take a hit they need to find a better lawyer. I'm not even a lawyer and I know how to win this case. They may do a little settling out of court but it won't amount to much.

Take care there Big Dude.

Darris "I object on the grounds that my left hand may be of alien origin." Chambless

[Cindy Hamlin]

http://www.bausch.com/us/vision/abou...ssrelease=3133

This is the latest on the classaction suit. It details what the patients will be receiving.