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Implantable Medical Devices

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wowem

Junior Member
What is the name of your state? TN

I purchased a case of implantable medical devices online. They were sold by a liquidation company who consigns lost freight items for UPS. The items are 115 Alcon intraocular lenses. I am a nurse at an eye surgery center, and I knew what they were when I saw them, so was able to buy them very inexpensively. They are worth a lot of money. I know they are tracked by Alcon by serial number, and by law the registration card for each lens must be sent to Alcon when implanted. I contacted Alcon and supplied them with a list of every serial number I now owned, in order to prevent any confusion when the lenses were used. I was going to donate the lenses to a local eye docs for indigent cases. One of the docs said he would do my vision surgery in exchange for the donation and would use the lenses for their indigent foundation patients. Alcon is now threatening me, and saying the sale was illegal, and insist on picking the lenses up from me so they can destroy them. They call me and threaten me, but they do not have my address, just my phone number. I read the package, and it does say it's against federal law to sell or dispense the lenses without a license. I did not sell the lenses, and I'm not going to dispense them, either. The online company DID sell them to me, so I contacted the seller, and they want them back too. They say they sold them to me by mistake and they want them back to destroy them. The owner of the liquidation company said she was refunding my payment, and credited an extra $200 to my credit card "for inconvenience". I never asked her to do either one, but she did. She also issued a call tag for UPS to pick up the box. It was 12-23, and the UPS guy called & asked me if it could wait until after Christmas. I said sure, since I didn't authorize the pickup anyway. He never called back, so the box is still sitting here. I haven't heard anything more from the seller. I did get another call from Alcon yesterday, wanting to know the disposition of the lenses. I just told them there has been no disposition and hung up. Is it illegal for me to possess the lenses? One of the Alcon people told me it was the same as buying a case of morphine, but I know that's not true. An intraocular lens is not an illegal drug. I realize Alcon can prevent their use in the US due to the registration law, but can they force me to give them to Alcon? I'd like to be able to tell these nasty Alcon people where to go. What about the liquidation company? Since they took it on themselves to refund my payment, does that negate their sale to me? It seems to me that they are the only ones who have broken any laws, by selling the lenses to me without a license to do so. What are my rights?
 


fairisfair

Senior Member
What is the name of your state? TN

I purchased a case of implantable medical devices online. They were sold by a liquidation company who consigns lost freight items for UPS. The items are 115 Alcon intraocular lenses. I am a nurse at an eye surgery center, and I knew what they were when I saw them, so was able to buy them very inexpensively. They are worth a lot of money. I know they are tracked by Alcon by serial number, and by law the registration card for each lens must be sent to Alcon when implanted. I contacted Alcon and supplied them with a list of every serial number I now owned, in order to prevent any confusion when the lenses were used. I was going to donate the lenses to a local eye docs for indigent cases. One of the docs said he would do my vision surgery in exchange for the donation and would use the lenses for their indigent foundation patients. Alcon is now threatening me, and saying the sale was illegal, and insist on picking the lenses up from me so they can destroy them. They call me and threaten me, but they do not have my address, just my phone number. I read the package, and it does say it's against federal law to sell or dispense the lenses without a license. I did not sell the lenses, and I'm not going to dispense them, either. The online company DID sell them to me, so I contacted the seller, and they want them back too. They say they sold them to me by mistake and they want them back to destroy them. The owner of the liquidation company said she was refunding my payment, and credited an extra $200 to my credit card "for inconvenience". I never asked her to do either one, but she did. She also issued a call tag for UPS to pick up the box. It was 12-23, and the UPS guy called & asked me if it could wait until after Christmas. I said sure, since I didn't authorize the pickup anyway. He never called back, so the box is still sitting here. I haven't heard anything more from the seller. I did get another call from Alcon yesterday, wanting to know the disposition of the lenses. I just told them there has been no disposition and hung up. Is it illegal for me to possess the lenses? One of the Alcon people told me it was the same as buying a case of morphine, but I know that's not true. An intraocular lens is not an illegal drug. I realize Alcon can prevent their use in the US due to the registration law, but can they force me to give them to Alcon? I'd like to be able to tell these nasty Alcon people where to go. What about the liquidation company? Since they took it on themselves to refund my payment, does that negate their sale to me? It seems to me that they are the only ones who have broken any laws, by selling the lenses to me without a license to do so. What are my rights?

So, you quite obviously knew that there was something wrong with the sale.

Receiving stolen property is a crime.
 

wowem

Junior Member
LOL, no, I did not know anything was wrong with the sale. I did NOT receive stolen property. This was lost freight. The online company from whom I purchased this case of lenses has a contract with UPS and several other national shippers to auction off their undeliverable shipments. For instance, when the shipping label comes off in transit, and there's no way to deliver or return the shipment. It's all completely legitimate. Even Alcon acknowledges that this situation is not my fault. They just want the shipment of expensive lenses back, but they are not theirs any longer. It's UPS's responsibility to compensate Alcon for their lost shipment according to whatever agreement there is between Alcon and UPS. Apparently, it was illegal for the liquidator to sell the lenses online, but I didn't know that and neither did they. I had no dealings with Alcon. I thought I was doing the right thing by supplying them with all the serial numbers so they would be able to account for the lenses. I was right up front that I had purchased them and where. I purchased them in good faith, which Alcon acknowledges. I would like to hear from someone who can tell me what my rights are in this matter. I simply want to know if I am obligated to turn these lenses over to anyone or if I am the legitimate owner of them at this point, and can decide what to do with them myself.
 
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xylene

Senior Member
What do you mean threaten?

Because informing you of intent to take legal action is not a threat.

What exactly are they saying they will do?
 

wowem

Junior Member
Hi Xylene! Thanks for your response. I don't know, but I think most folks would take threat of legal action as a threat. ;) But that's not really it, they just call and demand to know what I'm going to do with the lenses. They say they want to make arrangements to pick them up, as if there's no question but that I'm going to give them to them. The woman is just rude, the man who calls has this deep, ominous voice. The threats are veiled, stating that the lenses cannot be used, it's like buying narcotics online, they are talking to their legal dept, etc.

What I want to know is - am I the legal owner of these lenses? Do I have to even speak to the Alcon people? What kind of legal action could they possibly take against me? I can understand if they wanted to pursue UPS for the lost shipment, or the liquidator for selling them, but as far as I know, it is not illegal for me to possess the lenses. It would be illegal if I sold them or dispensed them since I don't have a license.

I just don't know my legal rights here. That's what I'm hoping to learn.
 
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mommyof4

Senior Member
I understand what you are trying to say. Unfortunately, you are incorrect.

Apparently, it was illegal for the liquidator to sell the lenses online, but I didn't know that and neither did they
Ignorance of the law is not a defense. You both entered into an illegal activity, however unwittingly.

You recieved your money (plus extra) back. You should return the lenses to the person from whom you purchased them and let THEM return the lenses to the company.
 

wowem

Junior Member
I understand what you are trying to say. Unfortunately, you are incorrect.



Ignorance of the law is not a defense. You both entered into an illegal activity, however unwittingly.

You recieved your money (plus extra) back. You should return the lenses to the person from whom you purchased them and let THEM return the lenses to the company.
Thank you, mommyof4. I really do appreciate your help. If I am understanding you, I am not obligated to ship these lenses back to Alcon, no matter what they say.
I didn't think so, since Alcon wasn't a party to this transaction in any case.

Can you please tell me what illegal activity I committed? Please understand that I am not questioning your judgment, I would just like to know the exact law.

One more simple question? Is it illegal for me to possess these devices?
 
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fairisfair

Senior Member
It's not a pleasant experience. I hope it doesn't happen to you.

Thanks for your help.
I am quite sure she was talking about the "deep ominous voice"

However, thanks for hoping it never happens to us. Somehow I seriously doubt it EVER will:rolleyes:

Return the stolen product to the MANUFACTURER, not the person you bought it from :rolleyes: and send it signature required. Paying for the postage will be a hell of a lot cheaper than defending yourself against criminal charges.
 

wowem

Junior Member
Return the stolen product to the MANUFACTURER
I cannot seem to make anyone here understand that the product is NOT STOLEN. It was NOT STOLEN from ANYONE. It was lost freight, consigned by UPS to be sold by the liquidation company they have contracted to sell their lost freight. The manufacturer was reimbursed by UPS for their loss. I'm not sure who you think it was STOLEN from. Even the manufacturer acknowledges that it was NOT STOLEN. :(


I didn't come here to be laughed at or made fun of, I just wanted answers to these questions.

1. Is it illegal for me to have these lenses in my possession?

2. Exactly what law have I broken? Not Alcon, not UPS, not the liquidator, but me. If I have broken a law, it was certainly unwittingly, and I'd just like to know which one.

If nobody can answer them, fine. I do appreciate the time and trouble of those who tried.
 

Zigner

Senior Member, Non-Attorney
Sheesh...stolen, improperly obtained, unauthorized possession. It really doesn't matter what you call it, just RETURN them to the mfg.
 

mommyof4

Senior Member
Recieving goods that are illegal to sell is not legal. THAT'S what you are missing. Whether you knew it was illegal to sell/purchase these items or not doesn't matter. In any case, you know that it was not legal to sell/purchase them from this person NOW, so return them.

Honestly, when they found out about this illegal sale/purchase, they didn't even have to offer you the opportunity to return them. You could have found out about the 'crime' when the police showed up on your doorstep.

The ONLY reason I suggested you return them to the person that sold them to you was so that that person could not say that you kept your money AND the merchandise.

Now that I think about it, it would be better just to return them to the manufacturer and be done with it. You are not out anything (except your free eye surgery).

Return them and put the extra money you recieved for your trouble toward your surgery fund.
 

wowem

Junior Member
Thanks mommyof4, that makes sense. I wanted to understand the legal issue, rather than just being told to "send back the stolen merchandise", because I knew it was not stolen. I appreciate you taking the time and will follow your advice. :)
 

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