If you were residing in California and purchased Complete MoisturePlus MultiPurpose Solution in California and did not resell it during the period from June 8, 2003 through the present, your rights may be affected by a class action settlement.
A class action settlement has been proposed in a class action lawsuit against Advanced Medical Optics, Inc. (“Advanced Medical Optics”) now known as Abbott Medical Optics, Inc. (“Abbott Medical Optics” or “AMO” or “Defendant”) pending in Orange County Superior Court in California (entitled In Re Complete Cases, Orange County JCCP 4521; Lazar v. Advanced Medical Optics, Inc., OCSC Case Nos. 07 CC 01296, 01297) alleging, among other things, that Advanced Medical Optics AMO engaged in unfair, unlawful and fraudulent business practices and deceptive advertising relating to AMO’s Complete MoisturePlus product which was recalled on May 25, 2007, due to concerns by the Food and Drug Administration and the Centers for Disease Control about its association with a serious eye infection known as Acanthamoeba keratitis, according to the Abbott Medical Optics Complete MoisturePlus MultiPurpose Solution class action lawsuit settlement notice.
Abbott Medical Optics Complete MoisturePlus MultiPurpose Solution Class Members reportedly include:
All persons residing in California who purchased Complete MoisturePlus MultiPurpose Solution in California and did not resell it during the period from June 8, 2003 through the present. Excluded from the Class are the Defendants and any Judge presiding over this matter and the members of his or her immediate family. Also excluded from this Class are the legal representatives, heirs, successors and attorneys of any excluded person or entity, and any person acting on behalf of any excluded person or entity.
Under the Abbott Medical Optics Complete MoisturePlus MultiPurpose Solution settlement, restitution payments will take the form of cash and coupons. The cash payment restitution portion of the restitution payments is on a claims-made basis. There is no cap to the cash amounts to be paid for valid claims, however, any cash claim which is duplicative of a claim made by a Class member who participated in Defendant’s prior recall reimbursement program will be reduced by the amount that such Class member received through Defendant’s recall reimbursements program for purchases of Complete MoisturePlus.
Class members with receipts or other proof of purchase reflecting the items purchased and the amount paid for Complete MoisturePlus will reportedly receive back one hundred percent (100%) of the purchase price of every bottle of Complete MoisturePlus they purchased. Class members without receipts or other proof of purchase reflecting actual amounts paid and items purchased, but who provides bottles of Complete MoisturePlus, will reportedly receive $4.00 for a 2 oz. bottle, $5.00 for a 4 oz. bottle, $6.00 for an Active Pack, and $9.00 for a 12 oz. and 16 oz. bottles returned. Class members with no tangible evidence of purchase, but who declare under penalty of perjury that they purchased Complete MoisturePlus during the class period, will receive restitution in the form of one coupon with a value of $10.00, good for purchase of the following products: AMO’s RevitaLens OcuTecTM Multipurpose Disinfecting Solution, Blink® Tears Lubricating Eye Drops, Blink Contacts® Lubricating Eye Drops and COMPLETES Blink-N-Clean® Lens Drops.
The Orange County Superior Court will hold a Final Fairness Hearing at Orange County Superior Court on March 23, 2012 at 9:00 a.m., in Department CX-105, located at 751 West Santa Ana Boulevard, Santa Ana, California, to determine whether the proposed settlement of the Class Action should be granted final approval.
For more information on the Abbott Medical Optics Complete MoisturePlus MultiPurpose Solution class action lawsuit settlement, visit the Settlement website:
www.amosettlement.com
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