March 13, 2019 / 8:58 PM / a month ago

Fed. judge sends lawsuit over defective eye lens back to state court

A lawsuit claiming an artificial lens implant made by Bausch & Lomb Inc caused permanent injuries to a man’s eye has been sent back to state court after a federal judge ruled the device’s approval by the U.S. Food and Drug Administration was not enough to establish federal jurisdiction.

U.S. District Judge Elizabeth Wolford in Rochester, New York in a decision on Tuesday said plaintiff Joseph Barone had properly alleged state law claims that are parallel to federal law, granting his request for remand to New York’s Monroe County Supreme Court.

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