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Medical Forum / General / Vision / April 2007

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Incorrect Prism - Any Legal Action?

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MattBroderick@gmail.com - 28 Apr 2007 03:34 GMT
I have recently found out that my main pair of glasses has something
like a 2.5 diopter prism (I'm not sure of the correct terminology) in
one of the eyes, offsetting the lens centers. My Rx did not call for
this prism, and I have had problems with the glasses since first
getting them - although I thought it was due to a bad fit after about
a week or two. What eventually happened was that they started to
naturally get pushed into "misalignment" by my constant adjusting to
make them wearable, but I still noticed weird double vision when
taking them off and putting them on. However, I have been so busy away
at school I haven't had a chance to ask anyone about it until now -
thought the headaches were stress

I was told that there are certain legal standards that a lens maker
has to follow, and that my values were out of "tolerance" - almost 3mm
when my acceptable level is +/- 1mm. Other than asking the original
vision center to replace the lenses, am I entitled to or should I take
any legal action? Its kind of ironic that I did get into a car
accident two days before learning about the lenses being
incorrect...but I was not at fault.

Any advice would be great. Thanks.
Ms.Brainy - 28 Apr 2007 03:50 GMT
For a legal action you need to have damages.  Do you have any?  I
don't think so.  Go back to the vision center and have them replace
the lens(es), I am sure they'll cooperate.  Stay away from courts and
lawyers unless you have no other remedial choice -- this is the best
advice I can give you.

On Apr 27, 7:34 pm, MattBroder...@gmail.com wrote:
> I have recently found out that my main pair of glasses has something
> like a 2.5 diopter prism (I'm not sure of the correct terminology) in
[quoted text clipped - 17 lines]
>
> Any advice would be great. Thanks.
spammer - 28 Apr 2007 04:20 GMT
Not everything that goes wrong in life is legally actionable. The best
you would do in court is a refund.
MattBroderick@gmail.com - 28 Apr 2007 13:04 GMT
> For a legal action you need to have damages.  Do you have any?  I
> don't think so.  Go back to the vision center and have them replace
[quoted text clipped - 25 lines]
>
> > Any advice would be great. Thanks.

Thanks for all the replies. I was not jumping on the "sue everyone and
everything" bandwagon by posting this, only out of curiosity and
because the technicians that informed me of this suggested it in
passing.
William Stacy, O.D. - 28 Apr 2007 17:43 GMT
> Thanks for all the replies. I was not jumping on the "sue everyone and
> everything" bandwagon by posting this, only out of curiosity and
> because the technicians that informed me of this suggested it in
> passing.

While I generally agree with not suing on this case, I must say that
whether or not you could get a judgement would depend on the extent of
damages to you.  The others apparently feel that your symptoms that
certainly were caused by the prism do not constitute harm.  Apparently
they haven't heard of the pain and suffering awards that have been made.
  Again, probably not worth the effort in this case, but surely possible.

w.stacy, o.d.
spammer - 29 Apr 2007 01:14 GMT
On Apr 28, 8:04 am, MattBroder...@gmail.com wrote:

> Thanks for all the replies. I was not jumping on the "sue everyone and
> everything" bandwagon by posting this, only out of curiosity and
> because the technicians that informed me of this suggested it in
> passing.

It's generally not to smart to take legal advice from tecnicians.
p.clarkii@gmail.com - 28 Apr 2007 04:49 GMT
On Apr 27, 10:34 pm, MattBroder...@gmail.com wrote:

> I was told that there are certain legal standards that a lens maker
> has to follow,

there are not "legal" standards, just industry-agreed upon standards
for spectacle Rx tolerances.

you have not been damaged, just inconvenienced.  I would ask to have
the lenses properly made for free and then probably find a different
optical establishment to do business with in the future.  you have
been wronged but legal-action is inappropriate.
FKS - 28 Apr 2007 05:11 GMT
>Other than asking the original
>vision center to replace the lenses, am I entitled to or should I take
>any legal action?

Sure, you can sue anyone, but in your case there's zero chance that you
could win because no damage has been done.
michael toulch - 28 Apr 2007 19:49 GMT
On Apr 27, 10:34 pm, MattBroder...@gmail.com wrote:
> I have recently found out that my main pair of glasses has something
> like a 2.5 diopter prism (I'm not sure of the correct terminology) in
[quoted text clipped - 17 lines]
>
> Any advice would be great. Thanks.

sounds like you were more inconvenienced  than harmed.
I would expect the optician to accommodate you and do his/her best to
keep you as a client.
Jan - 28 Apr 2007 20:58 GMT
MattBroderick@gmail.com schreef:
> I have recently found out that my main pair of glasses has something
> like a 2.5 diopter prism (I'm not sure of the correct terminology) in
[quoted text clipped - 17 lines]
>
> Any advice would be great. Thanks.

Matt, reading your story I suppose it is a a mismatch in height of the
optical centers.
Also reading your story I suppose your prescription is about 8 (eight)
diopters.
It could be possible your frame is not quite 'horizontal' placed on your
face.
Thats to say on the right side some what lower than it is on your left
side ore vice versa.
When this happens you induce a prism in in height.
Looking at a horizontal line with one eye at a time you might see a
'jump' when you alternated use your right and left eye.
You can try to 'correct 'this by trying to push up or lower down just
one side of the frame when wearing it.
A difference off 3mm is easily reached.
Maybe and again maybe just a re-adjustment of your frame already fix
this problem.

BTW, 1 prisma in height difference is more or less acceptable for the
brains.
But better avoid it.

Hope this helps,

Jan (normally Dutch spoken)
MattBroderick@gmail.com - 29 Apr 2007 00:56 GMT
> MattBroder...@gmail.com schreef:
>
[quoted text clipped - 44 lines]
>
> Jan (normally Dutch spoken)

I actually have been wearing one side higher than the other, as it was
a natural way to reduce my discomfort - I wasn't even aware that I was
doing it until I thought to get them adjusted. My prescription is ~5
in each eye. I am wearing my uglier backup pair now, and have gotten
used to how "normal" feels. Its much more comfortable, especially in
the periphery and transitioning between looking through the lenses and
looking up or down without the lens.

Thanks everyone for your clarifications.
Jan - 29 Apr 2007 17:18 GMT
MattBroderick@gmail.com schreef:

> I actually have been wearing one side higher than the other, as it was
> a natural way to reduce my discomfort - I wasn't even aware that I was
[quoted text clipped - 3 lines]
> the periphery and transitioning between looking through the lenses and
> looking up or down without the lens.

To get 2,5 prism height difference in your glasses (supposed S-5 dpts R
and L) you have to fit the glasses with a difference in heigt of 0,5 mm
in front of the pupils.
Jan - 29 Apr 2007 18:42 GMT
MattBroderick@gmail.com schreef:

> I actually have been wearing one side higher than the other, as it was
> a natural way to reduce my discomfort - I wasn't even aware that I was
[quoted text clipped - 3 lines]
> the periphery and transitioning between looking through the lenses and
> looking up or down without the lens.

To get 2,5 prism height difference in your glasses (supposed S-/+ 5.00
dpts R and L) you have to fit the glasses with a difference in heigt of
0,5 mm in front of the pupils.

Jan (normally Dutch spoken)
Jan - 29 Apr 2007 18:43 GMT
MattBroderick@gmail.com schreef:

> I actually have been wearing one side higher than the other, as it was
> a natural way to reduce my discomfort - I wasn't even aware that I was
[quoted text clipped - 3 lines]
> the periphery and transitioning between looking through the lenses and
> looking up or down without the lens.

To get 2,5 prism height difference in your glasses (supposed S-/+ 5.00
dpts R and L) you have to fit the glasses with a difference in heigt of
5 mm in front of the pupils.

Jan (normally Dutch spoken)
Scott Seidman - 30 Apr 2007 14:41 GMT
MattBroderick@gmail.com wrote in news:1177727673.394582.50360
@u30g2000hsc.googlegroups.com:

> Any advice would be great. Thanks.

Generally, if you have a problem with your lenses, you tell the dispensor
about it and they make it right.  If your problems weren't big enough for
you to complain about them shortly after getting the glasses, what are you
complaining for now?

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