Costco lawsuit overview:
- Who: Plaintiffs Sarah Alexander and Robert Roy Alexander have filed a lawsuit against Costco Wholesale Corporation d/b/a Costco and Valley Contax Inc.
- Why: Sarah Alexander says she developed an eye infection from a defective contact and Costco allegedly destroyed the contact so that it could not be used as evidence in a potential lawsuit.
- Where: The Costco lawsuit was filed in Nevada federal court.
- What are my options: Try 1-800-CONTACTS for your next contact lens purchase.
Costco is facing a lawsuit alleging it sold defective contact lenses that caused a patient to suffer an eye infection and coerced her into returning the allegedly defective lens so that she could not preserve it for evidence, according to a recent Costco lawsuit.
Plaintiffs Sarah Alexander and her husband Robert Roy Alexander filed the Costco lawsuit on July 19 in Nevada federal court.
Costco lawsuit says plaintiff developed infection from defective contact lens
Sarah Alexander reportedly requires a special rigid gas permeable (RGP) contact lens due to her cone-shaped cornea. Robert Alexander is employed by Costco and holds their health insurance, which permits them to fill prescriptions through Costco’s optical department.
Sarah Alexander says she was prescribed and custom fit for a left RGP lens through her optometrist, who sent the prescription to Costco. Costco sent the prescription to defendant Valley Contax Inc. for production of the lens according to standard procedures.
After wearing the Costco contact lenses for about a week, Sarah Alexander says she began experiencing irritation in her left eye. The symptoms persisted, and she visited her optometrist for an examination, and was diagnosed with toxic allergic conjunctivitis.
The optometrist reportedly found that the left lens was poorly fit and that it was covered with a toxic “soap-like coating.” Sarah Alexander immediately reported these findings to Costco’s optical department, the Costco lawsuit says.
“After discovering the issues with the contact lens, defendant Costco began attempting to have plaintiffs return it,” the Costco contact lenses lawsuit says.
Costco contact lenses were destroyed in violation of company’s duty to preserve potential evidence, plaintiffs allege
Sarah Alexander says a Costco optical department employee informed her that, by holding on to the allegedly defective contact lens, she was delaying an investigation by the U.S. Food and Drug Administration and notified her that her health insurance benefits may be suspended.
The Costco employee also allegedly spoke with Robert Alexander at work about returning the Costco contact lenses.
The Alexanders say they were “apprehensive” about returning the Costco contact lenses because they were the only evidence of the alleged defect, but they wanted to comply with the FDA investigation and could not afford to lose the health insurance benefits.
They also say that Costco reassured them that the lens would be marked as evidence and mailed to Valley Contax. However, Costco permanently destroyed the allegedly defective contact lens, according to the Costco lawsuit.
The Alexanders’ Costco lawsuit accuses the company of violating its duty to preserve evidence that may be used in future litigation.
A Costco class action lawsuit filed last year alleged the company falsely advertised tuna products as being “dolphin safe.”
Have you had issues with the quality of Costco contact lenses? Tell us about your experience in the comments!
The Alexanders are represented by Bradley S. Mainor, Joseph J. Worth, and Ash Marie Blackburn of Mainor Wirth LLP.
The Costco contact lenses lawsuit is Sarah Alexander, et al. v. Costco Wholesale Corporation d/b/a Costco, et al., Case No. 2:21-cv-00509-APG-VCF, in the U.S. District Court for the District of Nevada.
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One thought on Costco lawsuit claims woman suffered infection from contact lenses
Yes, recently the Kirkland daily contact lenses I purchased on May 5,2024 have irritated my eyes. I have returned them to Costco and asked to re order a new box hoping it will not have the same reaction , however, upon opening and using the re order contact lenses, my eyes got irritated again.