Armstrong
Armstrong v. Optical Radiation Corp.
Opinion
Opinion
Masterson, J.
In July 1991, plaintiff Winifred Armstrong underwent cataract surgery. Defendant Optical Radiation Corporation (ORC) manufactured a product used during the surgery. In July 1992, Armstrong filed suit against ORC, alleging that its product had caused severe damage to her eye. She asserted causes of action for negligence, strict liability, and breach of warranty. ORC moved for summary judgment on the ground that all of Armstrong’s claims were preempted by federal law. The trial court granted the motion. We reverse.
Background
In January 1991, Armstrong consulted with Dr. Richard Medof about a vision problem in her right eye. Based on Dr. Medof’s advice, Armstrong decided to undergo surgery to have a cataract removed and to have an intraocular lens implanted.
On July 16, 1991, Dr. Medof performed the surgery at San Pedro Peninsula Hospital. During the procedure, he used Orcolon, a thick, transparent jelly-like fluid (commonly known as a viscoelastic) which is a surgical aid. Orcolon is manufactured by ORC.
On July 2,1992, Armstrong filed this action against ORC, Dr. Medof, and the hospital, alleging that the use of Orcolon had caused severe damage to her right eye,…