Ezricare Eye Drops Lawsuit Lawyers

If 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.
The CDC and FDA have recently announced the recall of contaminated eye drops, specifically EzriCare and Delsam Artificial Tears and Artificial Ointment. Innocent people who trusted these products to provide relief for their dry and irritated eyes have instead faced severe eye infections, vision loss and, in the worst cases, the wrongful death of a loved one. In the face of such heartbreaking consequences, it is imperative to take action against those responsible. That is where Burger Law’s award-winning personal injury attorneys step in. With decades of experience and a track record of securing maximum compensation for their clients, we are ready to fight for your rights and take on these large corporations on your behalf. While we cannot take back what happened to you, we can hold the wrongdoers accountable and offer you a sense of justice and recognition for the harm they caused. Do not wait any longer – call Burger Law now at (573) 500-HURT or contact us online to schedule a free consultation. To date, we have secured over $200 million for our clients.

Ezricare Eye Drops Lawsuits: A Brief History and Updates

Current Status

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.

May 19 2023 Update

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

May 4 2023 Update

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

April 9 2023 Update

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

March 17 2023 Update

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

March 3 2023 Update

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

March 2 2023 Update

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:

• lack of validation of the sterilization process for artificial tears products
• lack of adequate environmental monitoring and control in the aseptic processing areas
• lack of appropriate testing and acceptance criteria for the water system used to manufacture sterile drug products
• lack of adequate cleaning and sanitization procedures for equipment and utensils used in the aseptic processing areas

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

March 1 2023 Update

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.

Source: Apotex Corp. Issues Voluntary Nationwide Recall of Brimonidine Tartrate Ophthalmic Solution, 0.15% Due to Cracks that Have Developed in Some of the Units Caps of the Bottles

February 2 2023 Update

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

A Brief Timeline of the EzriCare Contaminated Eye Drops Outbreak

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:

• June 2022 — The Connecticut Department of Public Health investigates a cluster of eye infections among residents of a long-term care facility who used EzriCare Artificial Tears.
• August 2022 — The Florida Department of Health identifies several cases of eye infections among patients who used EzriCare Artificial Tears or Delsam Pharma’s Artificial Tears. One patient loses her eye due to the infection.
• November 2022 — The Ohio Department of Health confirms a case of eye infection in a woman who used EzriCare Artificial Tears.
• January 2023 — The CDC and the FDA announce a multistate outbreak of Pseudomonas aeruginosa infections associated with artificial tears products. They identify EzriCare Artificial Tears as the common brand among most patients and find the bacteria in opened bottles of the product. They also warn consumers to stop using Delsam Pharma’s Artificial Tears and Delsam Pharma’s Artificial Eye Ointment, which are manufactured by the same company as EzriCare Artificial Tears: Global Pharma Healthcare.

Understanding EzriCare Eye Drop Lawsuits: Product Liability and Contaminated Eye Drops

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:

• Design defects occur when a product has an inherent flaw in its design that makes it unsafe for use.
• Manufacturing defects occur when a product deviates from its intended design or specifications during the production process and becomes unsafe for use.
• Failure to warn or instruct occurs when a product does not have adequate warnings or instructions about its potential risks or proper use.

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.

The Legal Basis to File a Claim for Contaminated Eye Drops

There are several different theories of negligence and liability for filing a lawsuit against Global Pharma, EzriCare and Delsam under product liability:

• Negligence — This means that the defendants failed to exercise reasonable care in designing, making, testing, inspecting, labeling or selling the product, and that this failure caused your injuries. For example, if the manufacturer did not follow proper sterilization procedures or quality control measures, and this resulted in bacterial contamination of the eye drops, they could be sued for negligence.
• Breach of warranty — If the manufacturer or other party violated an express or implied promise or guarantee about the quality, safety or performance of the product, and this violation caused the injury to the consumer, it may constitute breach of warranty. Generally, there is an implied promise with pharmaceuticals that they are safe for use with the exception of noted side effects.
• Strict liability — Under strict liability, Global Pharma, EzriCare and Delsam may be liable for your injury regardless of whether they were negligent or breached any warranty. You and your contaminated eye drops lawyer only need to prove that the product was unreasonably dangerous and caused your injuries.

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:

• Fraud — A fraud claim would mean that the manufacturer or other party intentionally misrepresented or concealed material facts about the product, and that the consumer relied on these false or misleading statements and suffered harm as a result. For example, if the manufacturer knew about the contamination but did not disclose it to the public or regulators, they could be sued for fraud.
• Consumer protection — There are various state and federal laws to protect consumers from unfair or deceptive trade practices. If it is found that Global Pharma made false claims about the safety of the eye drops, you may be able to sue them for consumer protection violations.
• Medical malpractice — This means that a health care provider breached their duty of care to a patient by prescribing or administering contaminated eye drops, and that this breach caused injury or harm to the patient. For example, if your doctor did not check the recall status of the eye drops before giving them to you, they could be sued for medical malpractice.

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.

Why Choose Burger Law’s Ezricare Eye Drops Lawsuit

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:

• Personal attention — We treat every client like family and keep them informed throughout the process. We are always available to answer your calls and emails and address your concerns.
• Aggressive advocacy — We fight hard for your rights and interests and do not back down from a challenge. We are not afraid to take your case to trial if necessary and present a strong case to the jury.
• Proven results — We have a track record of success in obtaining favorable settlements and verdicts for our clients. We have recovered millions of dollars for victims of defective products, including contaminated eye drops.

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.

About EzriCare and Delsam Pharma’s Artificial Tears

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.

Why Are EzriCare and Delsam Eye Drops and Artificial Tears Being Recalled?

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.

How Did The Eye Drops Become Contaminated With Bacteria?

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.

What Eye Drops Have Been Recalled?

To date, the following brands of eye drops have been recalled in 2023, either by known or suspected bacterial contamination:

• EzriCare Artificial Tears Lubricant Eye Drops, distributed by EzriCare and Delsam Pharma
• Delsam Pharma Artificial Tears Lubricant Eye Drops
• Delsam Pharma Artificial Eye Ointment
• Brimonidine Tartrate Ophthalmic Solution, 0.15%, distributed by Apotex
• Refresh Relieva PF Lubricant Eye Drops, distributed by Allergan
• Refresh Lacri-Lube Lubricant Eye Ointment, distributed by Allergan

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.

Symptoms and Signs of a Pseudomonas Aeruginosa Infection From Contaminated Eye Drops

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:

• Yellow, green or clear discharge from your eye
• Eye pain or discomfort
• Redness of your eye or eyelid
• Feeling of something in your eye (foreign body sensation)
• Increased sensitivity to light (photophobia)
• Blurry vision

The most severe infections may lead to:

• Vision loss
• Vision damage
• Urinary tract infections
• Respitory infections
• Bloodstream infections

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.

Common Conditions Caused by EzriCare Contaminated Eye Drops

Pseudomonas aeruginosa can cause various eye infection conditions, such as:

• Bacterial conjunctivitis — This is an infection of the conjunctiva, the thin membrane that covers the white part of the eye and the inner surface of the eyelid. It can cause redness, irritation, discharge and crusting of the eyelids.
• Keratitis — This is an infection of the cornea, the clear outer layer of the eye that covers the iris and pupil. It can cause pain, inflammation, discharge, blurred vision and sensitivity to light. Keratitis can lead to corneal ulcers, which are open sores on the surface of the eye that can cause scarring and vision loss.
• Endophthalmitis — This is an infection of the inside of the eye, involving the vitreous humor, the gel-like substance that fills the eye. It can cause severe pain, redness, swelling, decreased vision and floaters. Endophthalmitis can result in permanent blindness or loss of the eye.

What to Do if You Are Using the Eyedrops or Are Having Symptoms of Pseudomonas Aeruginosa Infection

If you are using any of the recalled eye drops or are having symptoms of an eye infection, you should take the following steps:

• Stop using the eye drops immediately and throw them away. Right now, before reading another word. Do not use any other eye products without consulting your doctor.
• Contact your eye care provider as soon as possible and tell them about your symptoms and the eye drops you used. You may need to have an eye exam and a test for Pseudomonas aeruginosa bacteria.
• Follow your doctor’s instructions for treatment and follow-up care. You may need to take antibiotics, steroids or other medications to treat the infection and prevent complications.
• Keep track of your medical records, bills and receipts related to your diagnosis and treatment. You may need them as evidence if you need to make a legal claim for eompensation.
• Contact a personal injury lawyer who specializes in contaminated eye drop cases. You may be entitled to compensation for your damages and losses caused by the defective product.

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.

Why Is the Pseudomonas Aeruginosa in the Contaminated Eye Drops so Dangerous?

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:

• Efflux pumps, which are proteins that pump out antibiotics from the bacterial cell, reducing their concentration and activity.
• Beta-lactamases, the enzymes that break down beta-lactam antibiotics, such as penicillins and cephalosporins, making them ineffective.
• Porin mutations, which are changes in the proteins that form channels in the bacterial cell wall, reducing the entry of antibiotics into the cell.
• Biofilms, which are slimy layers of bacteria and other substances that adhere to surfaces, such as medical devices or wounds, making it harder for antibiotics to reach and kill the bacteria.

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.

Speak to An Ezricare Eye Drops Lawsuit Lawyer Today

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.