All the cases in the litigation are from quite some time ago, so the
Nidek was closer in quality to its competitors. Also, the current
version of the Nidek excimer laser appears to do quite well.

You are correct that there is a profit motive in that there is no "per
click" fee for surgery performed on a Nidek laser, however it seems
that most providers pass some of this savings on to the
consumer/patient with lower prices.

Glenn Hagele
Executive Director
USAEyes (R)
Patient Advocacy Surgeon Certification

"Consider and Choose With Confidence" (TM)

Email to glenn dot hagele at usaeyes dot org

http://www.USAEyes.org

Lasik Bulletin Board
http://www.USAEyes.org/Ask-Lasik-Expert/

I am not a doctor.

Copyright 2008
All Rights Reserved

This is not surprising that these docs would use the Nidek instead of
an hyperopic approved platform.

Nidek does not assess a per-eye fee on the practice like many other
makers do. It is simply cheaper to do it on a Nidek.

Ceteris Paribus, it is more profitable.

WHy should they care that the Nidek is outdated and does a poor job at
smooth, consistent ablations?

A handful of people who had a bad Lasik outcome have decided to direct
their ire toward me. Their attacks include lying about my financial
history, insulting my wife, publishing my personal identity including
Social Security number, bank account numbers, credit card numbers on
their bulletin boards, defamation, trademark infringement, listing
doctors we have not certified as recommended, harassing those who fund
and govern our nonprofit organization, and often doing this while
hiding behind false identities and multiple aliases.

Considering the work I do to advocate for Lasik patients and the
nonprofit patient advocacy I founded, their acts seem to have no logic
or reason. Even stranger is the fact that these people did not seek
our information before surgery and did not use doctors certified by
our organization, but you can't use logic and reason on illogical and
unreasonable people.

The outrageous accusations, manipulations, half-truths, outright lies,
false complaints, and attacks on me and others by these anti-Lasik
zealots have caused them some serious trouble.

One recently had the FBI show up at his door investigating an alleged
extortion attempt against his former surgeon and had previously been
charged with felony use of false identity and resisting arrest.

Another is being sued in North Carolina Superior Court for publicizing
my personal identity including Social Security number on her website.
Her employer is investigating how her access to federal secure
computer systems was used to publish defamation on the Internet, and
she uses so many aliases it is hard to keep up.

And one has a permanent restraining order against him for threatening
Dallas Lasik doctor William Boothe, MD with physical violence, has
been sued for defamation, lost, found in contempt of court and
sentenced to jail, is in bankruptcy, and I'm personally suing him for
defamation and invasion of privacy in California Superior Court where
another restraining order has been issued against him.

Rather than copy and pasting the details again and again, just Google:

Brent Hanson
http://tinyurl.com/yrjayg

Lauranell "Nell" Burch
http://tinyurl.com/2y74l7

Dean Andrew Kantis
http://tinyurl.com/2zf3qa

Or visit my personal website:

Brent Hanson
http://www.GlennHagele.com/BrentHanson/

Lauranell "Nell" Burch
http://www.GlennHagele.com/LauranellBurch/

Dean Kantis
http://www.GlennHagele.com/DeanAndrewKantis/

USAEyes is a trademark of the Council for Refractive Surgery Quality
Assurance (http://www.USAEyes.org). The use of usaeyes.INFO,
usaeyes.BIZ, usaeyes.NET, usaeyes.US, and other use of USAEyes by
Brent Hanson is not approved by Council for Refractive Surgery Quality
Assurance. Arbitration under the authority of the Internet Corporation
of Assigned Names and Numbers (ICANN) found Brent Hanson's use of the
USAEyes trademark inappropriate and ordered the domains usaeyes.INFO,
usaeyes.BIZ, usaeyes.NET transferred to the Council for Refractive
Surgery Quality Assurance.

See http://www.usaeyes.INFO

For those who would like to form their own opinion about the work I do
and the organization I founded, visit our website and/or our Lasik
Patient Forum listed below my signature.

Glenn Hagele
Executive Director
USAEyes (R)
Patient Advocacy Surgeon Certification

"Consider and Choose With Confidence" (TM)

Email to glenn dot hagele at usaeyes dot org

http://www.USAEyes.org

Lasik Bulletin Board
http://www.USAEyes.org/Ask-Lasik-Expert/

I am not a doctor.

Copyright 2008
All Rights Reserved

http://usaeyes.us/profiles/dr.-glenn-kawesch.html
http://usaeyes.us/lawsuits/class-act...periments.html
http://tinyurl.com/6jgc4k

=========================================

Duane A. Admire, Esq., State Bar No. 173699
ADMIRE & ASSOCIATES
3790 Via de la Valle, Suite 313
Del Mar, CA 92037
Tel: (858) 350-5566 Fax: (858) 350-1046
DAdmire[at]san.rr.com
Attorneys for Plaintiffs and the Class

[Additional Attorneys listed on following page]

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF CALIFORNIA

ROBERT PEREZ, NANCY ART and BRETT HARBACH, on behalf of
themselves and all others similarly situated,

Plaintiffs,

vs.

NIDEK CO. LTD.; NIDEK INCORPORATED; NIDEK TECHNOLOGIES
INCORPORATED; MANOJ V. MOTWANI, M.D., GARY M. KAWESCH, M.D., LINDA VU, M.D.,
JOSEPH LEE, M.D., FARZAD YAGHOUTI, M.D., RANDA M. GARRANA, M.D., THOMAS S.
TOOMA, M.D., PAUL C. LEE, M.D., KEITH LIANG, M.D., ANTOINE L. GARABET, M.D.,
WILLIAM ELLIS, M.D., GREGG FEINERMAN, M.D., MICHAEL ROSE, M.D., JOHN
KOWNACKI, M.D., STEVEN MA, M.D., Estate of GLENN A. KAWESCH, M.D., TLC
VISION CORPORATION also dba TLC LASER EYE CENTERS, INC.; CALIFORNIA CENTER
FOR REFRACTIVE SURGERY, A MEDICAL CORPORATION; LASER EYE CENTER MEDICAL
OFFICE INC.; SOUTHWEST EYE CARE CENTERS INC.; and DOES 1 through 1000,
inclusive.

Defendants.
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CASE NO. 3:08-CV-1261 BTM (JMA)



CLASS ACTION

SECOND AMENDED CLASS ACTION COMPLAINT FOR:

(1) VIOLATIONS OF HEALTH AND SAFETY CODE § 24176

(2) VIOLATIONS OF CIVIL CODE §1750, ET SEQ.;

(3-5) VIOLATIONS OF BUSINESS AND PROFESSIONS CODE § 17200, ET
SEQ.; AND

(6) CIVIL CONSPIRACY


James M. Lindsay, State Bar No. 164758
Gene J. Stonebarger, State Bar No. 209461
LINDSAY & STONEBARGER
A Professional Corporation
620 Coolidge Drive, Suite 225
Folsom, CA 95630
Tel: (916) 294-0002 Fax: (916) 294-0012
jlindsay[at]lindstonelaw.com
gstonebarger[at]lindstonelaw.com James

R. Patterson, State Bar No. 211102
Harry W. Harrison, State Bar No. 211141
HARRISON PATTERSON & O'CONNOR LLP
402 West Broadway, 29th Floor
San Diego, CA 92101
Tel: (619) 756-6990 Fax: (619) 756-6991
jpatterson[at]hpolaw.com
hharrison[at]hpolaw.com

Attorneys for Plaintiffs and the Class

Plaintiffs file this Class Action Complaint on behalf of themselves
and all others similarly situated and by their attorneys allege upon
information and belief the claims set forth herein against all defendants
(collectively as "DEFENDANT PHYSICIANS & NIDEK"), based upon documentary
evidence, the investigation of attorneys, the investigation of the Federal
Food and Drug Administration("FDA"), and the federal Food, Drug, and
Cosmetic Act ("the Act"), interviews and deposition transcripts of potential
witnesses and persons knowledgeable of these events as follows:

___________________________
Full copy of the lawsuit in Adobe PDF format.
Full copy of the lawsuit in HTML format.