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(314) 500-HURTIf you or a loved one has been hurt because of the EzriCare contaminated eye drops outbreak, call Burger Law now at (573) 500-HURT or fill out our online contact form to start on your path to recovery. Our product liability lawyers have over 80 years of combined experience getting maximum compensation for our clients throughout Missouri and Illinois. You do not pay until we win your case.
People are filing EzriCare and Delsam eye drop lawsuits for injuries and infections after using Global Pharma Artificial Tears infected with bacteria. Some plaintiffs underwent treatment with antibiotics for months and even had surgery, but continued to experience vision damage, according to court documents. Global Pharma Healthcare, the artificial tears manufacturer, is named as a defendant, along with EzriCare, Delsam Pharma and other distributors.
Start your claim today by calling Burger Law at (573) 500-HURT.
CDC issues an update about the outbreak of Pseudomonas aeruginosa bacteria associated with the use of artificial tears. As of May 15, 81 patients (up from 68 in March) have been infected with a rare strain of drug-resistant bacteria. Fourteen people have been blinded and four have had their eyeballs surgically removed. The number of deaths linked to the outbreak has risen from three to four. The CDC says that testing of unopened bottles of EzriCare Artificial Tears is ongoing to determine whether contamination occurred during manufacturing.
Source: Contaminated Eye Drops Linked to More Deaths as 14 People Report Vision Loss
A class action lawsuit is filed against Global Pharma Healthcare and other defendants in the U.S. District Court for the Southern District of Florida on behalf of consumers who purchased or used the contaminated eye drops. The lawsuit alleges that the defendants knew or should have known about the contamination and failed to warn or recall the products in a timely manner. The lawsuit seeks compensatory and punitive damages, as well as injunctive relief to prevent further harm to consumers.
Source: James Foti v. EzriCare, LLC; Ezrirx, LLC; and Delsam Pharma LLC
CDC agents identify nearly 70 patients in 16 different states that have suffered drug-resistant infections and multiple symptoms. There have been a total of three deaths linked back to exposure through eye drops specifically.
Source: Almost 70 Infections Linked to Recalled Eye Drops in 16 States, CDC Says
CNN reports that the bacteria in the recalled eye drops are linked to cases of vision loss and surgical removal of eyeballs. So far, there are eight reports of lost vision and four reports of surgically removed eyeballs.
Source: Bacteria in Recalled Eye Drops Linked to Cases of Vision Loss, Surgical Removal of Eyeballs
The FDA announces that Pharmedica USA is voluntarily recalling two lots of Purely Soothing Drops, an over-the-counter product, due to non-sterility.
Source: FDA Recalls Three Brands of Eye Drops. What Patients Need to Know
The FDA finishes its investigation into Global Pharma’s manufacturing facilities, which took place from February 20 to March 2, 2023. The investigation reveals four observations that indicate serious violations of the Current Good Manufacturing Practice (CGMP) regulations for finished pharmaceuticals. The observations include:
The report states that these observations do not represent a final agency determination regarding the firm’s compliance and that the firm may submit corrective actions or objections to the FDA.
Source: Observations Made by the FDA Representatives During Inspection of Global Pharma Facility
Apotex recalls six lots of Brimonidine Tartrate Ophthalmic Solution, a glaucoma medication, due to possible cracks in the bottle caps that could compromise the sterility of the product. Pharmedica USA recalls two lots of Purely Soothing, 15% MSM Drops, a natural eye drop product, due to non-sterility. The CDC says there is no evidence that these products are linked to the outbreak.
The FDA issues a warning not to use EzriCare Artificial Tears because of potential bacterial contamination. The over-the-counter product is associated with severe eye infections in 55 patients, including one death. The infections are caused by a drug-resistant bacteria, Pseudomonas aeruginosa. The FDA also recalls Global Pharma Healthcare Artificial Eye Ointment due to possible bacterial contamination.
Global Pharma Healthcare voluntarily recalls all lots of EzriCare Artificial Tears, Delsam Pharma’s Artificial Tears and Delsam Pharma’s Artificial Eye Ointment due to potential bacterial contamination. The FDA cites multiple violations, including lack of appropriate microbial testing and lack of proper controls concerning tamper-evident packaging. Imports into the United States are banned.
Source: FDA Faults Company Behind Recalled Eye Drops for Multiple Violations, Bans Imports
The contaminated eye drops outbreak has been unfolding since 2022, when the first cases of eye infections caused by Pseudomonas aeruginosa bacteria were reported. Here is a timeline of the events related to this public health crisis:
Understanding EzriCare Eye Drop Lawsuits: Product Liability and Contaminated Eye Drops
Personal injury claims are meant to compensate people who were injured and wronged through no fault of their own. Product liability claims, specifically, are made when product designers, manufacturers, distributors and vendors do not take proper care to ensure their products do not hurt people when used as intended. Generally, there are three types of product liability claims:
While the exact cause of the eye drops becoming contaminated is yet to be known, lawsuits filed to date have mentioned design defects and/or manufacturing defects as the basis for the suits.
There are several different theories of negligence and liability for filing a lawsuit against Global Pharma, EzriCare and Delsam under product liability:
In addition to product liability, there may be other legal bases to file a claim for contaminated eye drops, depending on the facts and circumstances of each case. For instance:
If you have been injured by contaminated eye drops, you should consult with an experienced personal injury lawyer who can evaluate your case and advise you on your legal options. When you hire Burger Law, we get to work right away establishing the legal basis of your case, and will always make sure you understand the legal aspects of your case so you can make the best decision for you and your family.
If you have been injured by contaminated eye drops, you need a personal injury law firm that can handle your case with skill, dedication and compassion. You need a firm that will not back down until the wrongdoers are held accountable and you are fairly compensated. You need Burger Law.
Burger Law is a personal injury law firm based in St. Louis that has been representing those injured by defective products for over 30 years. We have the experience and resources to take on big corporations like Global Pharma, EzriCare, Delsam and the legion of insurance adjusters and attorneys they are sure to hire for this case. We know how to investigate, negotiate and litigate contaminated eye drop cases to prove liability and get you 100 percent of your damages.
At Burger Law, we work on a contingency fee basis, which means you do not pay us anything until we win your case. We also offer free consultations, so you can discuss your case with us without any obligation or risk. We will listen to your story, answer your questions and advise you on the best course of action for your EzriZare eye drops injury claim.
When you choose Burger Law for your EzriCare and Delsam eye drops lawsuit, you can expect:
We will not let pharmaceutical companies get away with hurting you or trying to minimize your claim. Speak to a Burger Law EzriCare eye drops attorney today and let us help you get the justice and compensation you are legally owed.
EzriCare and Delsam Artificial Tears are brands of eye lubricant used to relieve or protect against dry, irritated eyes. They contain carboxymethylcellulose sodium as the active ingredient, which is also used in several other brands of eye drops and artificial tears. The products were manufactured by Global Pharma Healthcare in India and sold mostly online by EzriCare LLC and Delsam Pharma LLC.
In February 2023, Global Pharma Healthcare recalled EzriCare and Delsam Artificial Tears, as well as Delsam Pharma’s Artificial Eye Ointment, because bacterial contamination was discovered that could cause eye infections and vision loss. The FDA issued a warning not to use the products and advised consumers to return them to the place of purchase. The CDC also launched an investigation of a multi-state outbreak of a rare strain of drug-resistant bacteria called Verona Integron-mediated Metallo-β-lactamase (VIM)- and Guiana-Extended Spectrum-β-Lactamase (GES)- producing carbapenem-resistant Pseudomonas aeruginosa (VIM-GES-CRPA) that was associated with the use of the products.
Upon investigating the infections, the CDC found that the bacteria strain in the eye drops matched those of infected individuals, confirming the connection between the two and leading to the recall.
People at the highest risk of serious eye infections include those who wear contact lenses, have eye injuries or have a weakened immune system. Typically, people are only at risk of contracting Pseudomonas aeruginosa in hospital settings. But, with EzriCare and Delsam’s contaminated eye drops, anyone who uses the drops can get them. The exact reason for the recall is that Global Pharma did not adequately test their product for microbes. The EzriCare contaminated eye drops outbreak represents the first time Pseudomonas aeruginosa has been reported in the United States.
Pseudomonas aeruginosa can produce enzymes and toxins that damage the cornea. This can lead to corneal ulcers, which, if left untreated, can worsen and cause perforation of the eye, loss of vision or blindness. Pseudomonas aeruginosa can also spread from the cornea to other parts of the eye, resulting in inflammation and infection of the tissue, which can cause further complications and damage to the eye. Pseudomonas aeruginosa eye infections require prompt and aggressive treatment with antibiotics, either in the form of eye drops, injections or oral medications. Sometimes, surgery may be needed to remove infected tissue or repair the eye.
At this point, no conclusions have been reached about how exactly Global Pharma’s products became contaminated with the bacteria. The CDC, FDA and Global Pharma are actively investigating how the artificial tears became infected.
To date, the following brands of eye drops have been recalled in 2023, either by known or suspected bacterial contamination:
If you have been taking any of these eye drops, stop using them immediately and go see your doctor. If you experience any negative side effects or require additional medical care because of the eye drops, call Burger Law now.
If you have used any of the recalled eye drops, you should be aware of the signs and symptoms of eye infections caused by Pseudomonas aeruginosa bacteria. These include:
The most severe infections may lead to:
These symptoms may appear within a few days or weeks after using the contaminated eye drops. They may affect one or both eyes. If you have any of these symptoms, you should seek medical attention immediately. Do not use any more of the recalled eye drops or any other eye products without consulting your doctor.
Pseudomonas aeruginosa can cause various eye infection conditions, such as:
If you are using any of the recalled eye drops or are having symptoms of an eye infection, you should take the following steps:
The CDC and FDA urge patients to immediately stop using the recalled eye drops — even if you have not yet experienced an adverse drug reaction. Patients who have previously used potentially unsafe products and those who currently use them should contact their doctor and ask for a safe substitute.
Pseuodomonas is a family of bacteria that is common in soil and water, but can cause infections in humans. Pseudomonas aeruginosa – the specific bacteria in the contaminated eye drops – is the one most likely to be caught by humans. In 2017, there were 32,600 estimated hospitalizations for Pseudomonas aeruginosa in the United States, resulting in approximately 2,700 deaths.
The reason Pseudomonas aeruginosa is so dangerous is because it is resistant to many drugs and antibiotics we typically use to treat bacterial infections. Pseudomonas aeruginosa is resistant to many antibiotics because it has several mechanisms that protect it from the effects of these drugs. Some of these mechanisms are:
Pseudomonas aeruginosa can also acquire resistance genes from other bacteria through horizontal gene transfer, which is the exchange of genetic material between different bacteria. This can result in multidrug-resistant (MDR) strains of Pseudomonas aeruginosa that are resistant to nearly all antibiotics, including carbapenems, which are considered last-resort drugs for treating serious infections.
The EzriCare contaminated eye drops outbreak has already affected too many lives, with devastating consequences for vision and long-term health. It is crucial to seek legal representation that is not afraid to take on the big corporations and fight relentlessly for your rights. Burger Law’s experienced team of product liability attorneys is dedicated to securing the compensation you deserve and holding those responsible for this tragedy accountable. Contact a Burger Law contaminated eye drops lawsuit attorney now at (573) 500-HURT or fill out our online form to schedule a free consultation. You do not have to face this alone.
FREQUENTLY ASKED QUESTIONS
So far, the CDC has identified patients in 18 states:
While Global Pharma voluntarily recalled their eye drops and are cooperating with the CDC and FDA, they have yet to respond to the lawsuits filed against them. Burger Law will make sure they have to respond.
Each state has their own statute of limitations for how long you have to file a personal injury or product liability lawsuit. For example, Illinois generally allows two years from the date of the injury, while Missouri allows five. Regardless of which state you live in, these lawsuits are just beginning, and now is the perfect time to contact a lawyer to initiate your EzriCare artificial tears lawsuit.
As no lawsuits have been settled yet, there is no way to know for sure how much the EzriCare lawsuits might settle for. The amount of compensation you can receive for your contaminated eye drop claim depends on several factors, such as:
The compensation you can receive also depends on the skill and tenacity of your contaminated eye drops lawsuit lawyer. Burger Law never accepts anything less than maximum compensation.
If you sustained health and monetary damages such as medical bills and lost wages after being infected with Pseudomonas aeruginosa, you likely have a valid claim against Global Pharma, EzriCare and Delsam. Contact a personal injury lawyer to be sure and to get started on your road to recovery.
It does not cost you any money to file a claim against Global Pharma and the other defendants. As we work on a contingency fee, we only take a percentage of your compensation as our attorneys’ fees, and you do not have to pay anything until you have your settlement check in hand.
There is no easy way to tell if your eye drops are contaminated by looking at them or smelling them. The best way to avoid using contaminated eye drops is to check the recall status of any eye drops you have or plan to buy. You can do this by visiting the FDA website. When in doubt, throw them out.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Gary Burger who has more than 30 years of legal experience as a practicing personal injury trial attorney. Gary’s robust legal knowledge is recognized by his peers as demonstrated by his industry awards and frequent Continuing Legal Education (CLE) lectures.
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