The Claimant approached Garratts after the Defendants supplied intraocular lenses manufactured in Germany. The Claimant was admitted to a private Manchester eye hospital for a left refractive lensectomy and implementation of the left lens in 2014. A week later the Claimant was readmitted to the Hospital for treatment on the right eye. Unfortunately, the Claimant began to suffer a misting over both eyes and eventually developed an opacified right intraocular lens.
Garratts brought a claim for breach of implied terms under the Sale of Goods Act 1979 and/or the Supply of Goods and Services Act 1982.
The Defendant confirmed that the Claimant’s left and right lenses fell within the scope of an Urgent Field Safety Notice issued by the Defendants in 2017. Therefore the lenses were not of satisfactory quality nor fit for the purpose. The most likely cause of the opacification was a deposit of a calcium salt probably calcium phosphate. The most likely cause of such a deposit was a defective manufacturing process in that during manufactory the intraocular lens was allowed to be washed in a cleaning fluid and/or detergent which contained phosphates allowing phosphate ions to infiltrate and penetrate the acrylic body of the intraocular lens.
Despite a vigorous defence from the Defendants indicating that the Claimant had absolutely no case, settlement was reached on favourable terms for the Claimant in the sum of £25,000 compensation.
