Letter to the Editor
Dear Sir, we are counsel for Nidek, Inc., which is discussed in your article, dated October 21, 2008, entitled "Class Action Lawsuit Filed for Illegal Use of Nidek Lasers for Lasik." Nidek denies any allegations of supposed wrongdoing on its part as alleged in the complaint and intends to vigorously defend this action, which is almost identical to another action filed by the same attorneys in early 2005 in the California Superior Court for the County of San Diego. In that action, the trial court ruled in Nidek's favor, among other things, that Nidek was not guilty of false advetising and that the case did not present a proper class action. Commencing in the Fall of 2000 Nidek has worked closely with the FDA to develop a method for blocking the ability of physicians to install unapproved sotftware on its EC 5000 Excimer Lasers and to identify and report to the FDA the identities of physicians who refused to permit Nidek to remove the unaproved software and to permanently modify the Laser so that such software could not be reinstalled. The EC 5000 was approved by the FDA for treatment of hyperopia in October 2006. In the interests of fairness, we would appreciate you making your readers aware of this information.
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