Allergan Escapes Liability for Faulty Product in Sight Loss Case

Allergan USA Inc. isn’t liable, a New Jersey state court ruled, in a case where a woman lost her sight in one eye after using a defective and recalled product.

The New Jersey Superior Court Appellate Division ruled that the plaintiff’s experts couldn’t prove the Allergan product—a tiny implant called Ozurdex that slowly releases medication—caused her blindness. This was in spite of an admission from Allergan that 2.2% of its Ozurdex implants had minuscule plastic particulates that caused the plaintiff’s reaction.

The ruling is a partial win for the broader pharmaceutical industry and US Chamber of Commerce, significantly raising the ...