The contract was with the company, not the MD herself, correct?
Thank you. I don't believe for a second your eyes are not healed after 3 years. They are trying to stall because they don't want the added expense of making good on the warranty. I think the best thing to do at this point is to file a compliant with the attorney general's office, which is the regulatory governing body for all the businesses in NC. The AG will open up an investigation for free (well, at the taxpayer's expense), and will mediate the claim between you and the company. I always recommend trying this step first because 1) it's free and 2) it's quick. The whole process takes about 30 days to complete. If for some reason you don't get what you are looking for out of the AG (and I think you will), your next step is to sue. However, this is not a personal injury action, but a breach of contract action. If they are not honoring the contract with you, then they are breaching the terms of the agreement. You can sue them for specific performance (that would be, to perform the surgery under your warranty) AND for any other damages you have incurred as a result of their breach. For instance, when you accept this answer and your card is charged, that's $38 that you will be adding to the pot. I would also charge them for all the time and phone calls you are spending trying to get them to make good on their promise. Anyway, here is the link for filing a complaint with the NC AG's office: http://www.ncdoj.com/Consumer/2-2-12-File-a-Complaint.aspx. If that doesn't work, I think you should be able to bring the claim yourself in small claims--so you won't need an attorney. But if you want one, you are going to search for a general civil litigator. You can do that here: www.martindale.com.
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