9th Circ. Targets Claims That Nidek Misused Lasik Beams

Law360, Los Angeles (October 10, 2012, 8:53 PM EDT) -- A Ninth Circuit panel on Wednesday blasted class action claims that ophthalmic equipment maker Nidek Co. Ltd. and numerous doctors violated a California patient protection law by using Nidek's surgical eye laser for unapproved Lasik procedures, saying the plaintiffs' argument could bar all off-label treatments.

U.S. Circuit Judge Andrew J. Kleinfeld took aim at claims that Nidek and others violated California's Protection of Human Subjects in Medical Experimentation Act by using the company's Lasik device to correct farsightedness, even though it had been approved by the...
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