Lawsuit Information Center
Our lawyers are reviewing EzriCare lawsuits in all 50 states after artificial tears eye drops have been linked to an outbreak of bacterial infections. Our lawyers have handled many vision loss and infection lawsuits so we are jumping on this litigation.
One person has died from the infection, and other victims have suffered blindness, vision loss and disturbances, and other complications from an infection. There have been more than 55 reports of adverse events.
How did this happen? We don’t know. But we think an investigation will show negligence. These eye drops lawsuits could bring large settlement payouts because the injuries for many will be very significant.
UPDATES:
December 7, 2023: A woman filed an ErziCare class action lawsuit in federal court in New Jersey alleging that their nationwide-sold EzriCare Artificial Tears eye drops, recalled for bacterial contamination, led to severe health consequences for users. The lawsuit seeks class action status to represent all purchasers of the product, contending they bought a harmful product that should not have been available for sale.
Our lawyers are bringing personal injury and wrongful death claims. This is a consumer class action where consumers typically get some money back that they spend on the product, which rarely amounts to much.
November 2, 2023: Today, the U.S. Food and Drug Administration (FDA) announced a recall of multiple Leader brand eye drop products by Cardinal Health, Inc. This action follows a prior contamination warning and is due to concerns over the potential for serious eye infections linked to bacterial contamination. The recall was initiated after FDA inspections uncovered unsanitary conditions at the manufacturing facility, and subsequent sample testing revealed the presence of bacteria in areas critical to drug production. All of the affected eye drop products are being pulled from the market. The manufacturer and supplier have noted at least three consumer complaints regarding adverse events or reactions after using these eye drops.
October 31, 2023: Last week, the FDA issued a new warning advising consumers not to buy or use eye drop products sold under the brand Rugby, Velocity, and Leader, due to the possibility that the products may be contaminated with bacteria. These eye drop brands are currently sold at major retailers such as Target, Rite Aid, and CVS. The FDA has advised the manufacturer to recall the products. This comes a year after the major bacteria contamination of EzriCare and Delsam eye drop products.
September 13, 2023: The U.S. Food and Drug Administration has sent warning letters to CVS., Walgreens,, and six other companies, stating that their over-the-counter eye drops could pose health risks and are being marketed unlawfully. These products are deemed unapproved new drugs, with some produced by companies previously flagged for quality and sterility concerns. Following this alert, CVS and Walgreens ceased selling the specified eye drops and initiated refund offers for customers. This heightened regulatory attention follows a deadly bacterial outbreak earlier in the year linked to certain eye drop products. Companies that received these warnings have been given 15 days to respond, outlining corrective measures. Failure to address these concerns might lead to legal repercussions from the FDA.
June 5, 2023: 14 lawsuits have been filed in federal courts since the start of the year by individuals who were injured by the contaminated EzriCare eye drops. The cases are pending in 7 different federal districts. So far, the common theme among these plaintiffs seems to be that they all suffered very serious, life-threatening injuries. The plaintiff in the most recently filed case (Gregory v. EzriCare, LLC, et al. 2:23-cv-69) is a good example. In that case, the plaintiff ended up spending weeks in the ICU as her infection from the contaminated drops progressed into sepsis and required multiple surgeries.
May 23, 2023: The CDC reports that it has registered at least 81 cases of infections in 18 states caused by the recalled Artificial Tears eye drops. The outbreak has been linked to four deaths from severe infections, and many cases resulted in hospitalizations or vision loss. In four reported cases, patients required eye removal surgery.
April 8, 2023: The FDA safety investigators released a report detailing the results of their inspections of manufacturing facilities where the contaminated artificial tears eye drops were produced. This report is not good for the defendants in eye drops lawsuit. The FDA report identified a number of failures in the sterilization procedures at the plants that could have played a role in the bacteria contamination that caused injuries and deaths in the U.S.
Among other things, the report noted that the filtration system at the plants, which is important for sterilization, was inadequate. This is how deadly bacteria can gain a foothold. It also cited poor airflow in the aseptic cleaning rooms as another major problem.
March 25, 2023: New CNN article on the suffering from EzriCare tears infections.
March 22, 2023: Another artificial tears lawsuit filed in Florida for a man who lost vision in one eye.
March 8, 2023: Last month’s contamination-linked clusters of infections have led two more companies to issue voluntary recalls of their eye drops. Pharmedica USA and Apotex Corp. announced their recalls last week due to sterility issues and bottle cap cracks, respectively. Pharmedica’s Purely Soothing brand drops pose the risk of eye infections that may result in blindness, while Apotex’s brimonidine tartrate ophthalmic solution for open-angle glaucoma or ocular hypertension could be affected by cracked bottle caps. The recalls come after EzriCare and Delsam Pharma eye drops were linked to infections last month, prompting the manufacturer to issue a voluntary recall. The recent outbreak has been mainly reported in California, Connecticut, Florida, Utah, and eight other states.
February 28, 2023: This is a good summary of an EzriCare tears lawsuit.
February 16, 2023: Delsam eye drops are also included in the recall.
February 14, 2023: A class action lawsuit asserting consumer fraud claims related to sale of the contaminated EzriCare Artificial Tears lubricating eye drops is filed in federal court. This is the first civil lawsuit related to the contaminated eye drops and will soon be followed by individual lawsuits alleging personal injury claims by people harmed by the eye drops.
February 7, 2023: Global Pharma, the Indian company that manufactures the EzriCare Artificial Tears eye drops, announced a national recall of all EzriCare eye drops in the U.S. The recall notice, which was issued at the direction of the FDA, warned consumers that using the recalled EzriCare eye drops could lead to infections and “blindness.” Critics say that this recall is long overdue as evidence has been available for weeks showing that the eye drops manufactured by Global Pharma were the source of the bacteria contamination that resulted in over 50 reported cases of severe infection over just a few months.
February 1, 2023: : EzriCare issues an updated public statement explaining that the company has been in contact with officials from the FDA and CDC regarding the potential eye drop contamination. The statement assures that EzriCare “took action to stop any further distribution or sale of EzriCare Artificial Tears” although the exact nature of that “action” is not specified.
January 24, 2023: EzriCare issues an initial public statement to address the mounting rumors that its eye drops are contaminated. The statement attempts to downplay the contamination and notes that EzriCare had not received any formal notice from the CDC, FDA or any other regulatory agency and that that company has not been asked to issue a recall.
January 7, 2023: The CDC first announces that an ongoing investigation indicates that EzriCare Artificial Tears lubricating eye drops appear to be the source of a bacterial contamination that had caused over 50 serious bacterial infections in 12 different states.
May 15, 2022: The first incident of bacterial infection that would later be linked back to the EzriCare eye drops is reported to the CDC.
EzriCare Eye Drops
EzriCare Eye Drop is an over-the-counter product used to treat dry eyes, most typically at Walmart or Amazon (two possible defendants in these artificial tears lawsuits). We all had dry eyes at some point when there was insufficient tear production.
EzriCare Eye Drops contain carboxymethylcellulose sodium, a lubricating ingredient that helps to relieve dry eye symptoms by moisturizing the eyes. It is also commonly used as an ingredient in other OTC eye drops for the same purpose.
The drops work. The lubricating effect of the carboxymethylcellulose sodium helps to soothe the eyes and provide a barrier against further irritation. This can help reduce symptoms such as itching, burning, and stinging and improve overall eye comfort.
EzriCare Eye Drops were thoughts to be safe. No one thought twice about using them until recent events.
EzriCare Recall
On January 20, 20023, the CDA provided information obtained from an investigation into a cluster of bacteria-resistant infections linked to the EzriCare Artificial Tears. The CDC has discovered reported cases of infection from Pseudomonas aeruginosa in California, Florida, New York, Texas, Colorado, Connecticut, New Jersey, New Mexico, Nevada, Utah, and Washington.
There are reports of patients developing eye infections. Tragically, on person died an at least three were blinded in one eye. Others victims had respiratory and urinary tract infections. One person reported died.
India-based Global Pharma Healthcare has agreed to a artificial tears recall. The tear drops were distributed by ErziCare and Delsam Pharma and sold mostly by Amazon and Walmart. India is able to make these products cheaply. But safety questions abound.
Pseudomonas Aeruginosa
Pseudomonas aeruginosa is a dangerous bacterium that is commonly found in soil, water, and in many other environments. It thrives in water which makes eyes a fertile ground for attack.
This bacteria thrives not only in normal atmospheres but also with little oxygen, enabling it to colonize many natural and artificial environments. This versatility makes it a threat. It can colonize and subsequently infect damaged human tissue or people with reduced immunity.
It is a Gram-negative bacterium, meaning it has a thinner peptidoglycan layer and a thicker outer membrane in its cell wall, giving it exceptional resistance to many antibiotics and other harmful substances.
P. aeruginosa, as it is often abbreviated, can cause a range of infections in humans, particularly in people with weakened immune systems, such as individuals with cystic fibrosis, burn wounds, or who have undergone surgery. Common symptoms of the infection are generalized inflammation and sepsis. The results can be fatal if infection occurs in critical body organs such as the lungs, urinary tract, or kidneys.
P. Aeruginosa Is Hard to Treat
One of the unique characteristics of Pseudomonas aeruginosa is its ability to form biofilms. Biofilms are communities of bacteria that adhere to a surface and form a protective matrix of polysaccharides, proteins, and extracellular DNA. This allows the bacteria to evade the host’s immune system and resist antibiotics.
What is scary about P. aeruginosa is its multi-drug resistance. This creates challenges for doctors treating infections caused by this bacterium. The bacterium has several terrifying mechanisms for developing resistance to antibiotics, including the production of enzymes that inactivate the drugs, the pumping of drugs out of the cell, and the alteration of its target site, thus rendering the drug useless.
Treating infections caused by P. aeruginosa often requires a combination of antibiotics and supportive care to manage the symptoms.
In the civil legal context, you see cases in medical malpractice lawsuits for failure to diagnose Pseudomonas aeruginosa and failure to treat it with the proper antibiotics.
Pseudomonas Aeruginosa Eye Infections
Pseudomonas aeruginosa is a type of bacterium that can cause eye infections. These infections range from conjunctivitis (pink eye) to more serious corneal infections. Symptoms include redness, pain, swelling, discharge, and vision changes. Treatment usually involves antibiotics and may also include anti-inflammatory medication. In severe cases, surgery may be necessary. It is essential to clean and disinfect contact lenses properly and to seek prompt medical attention if you suspect an eye infection.
When P. aeruginosa infects the eye, it can lead to a condition called pseudomonas conjunctivitis, which is an inflammation of the transparent membrane (conjunctiva) that covers the white part of the eye and the inner surface of the eyelids.
Pseudomonas aeruginosa infections in the eye can be very serious. These infections can cause permanent vision damage and that is what we are seeing with EzriCare based on the reports. We do not know much yet about the people who suffered these infections. But we do know the risk of infection is higher in people who have a compromised immune system, have had recent eye surgery, or have a history of eye infections. People who wear contact lenses are also at increased risk of infection, especially if they do not follow proper hygiene and cleaning guidelines.
Is There an Ezri Eye Drops Recall?
There is no an official Ezri eye drops recall. But the CDC is asking healthcare providers and patients to stop using EzriCare Artificial Tears eye drops after reports of 50 infections in 11 states that have led to instances of permanent vision loss, hospitalization, and even one death. So any retailer is likely issuing a de facto ErziCare recall by pulling these drops off the shelves.
EzriCare Eye Drops Lawsuit
We think there will be more reports and EzriCare lawsuits related to these injuries. Because so many people are dealing with their injuries as opposed to thinking of filing a lawsuit. Moreover, many victims likely have not made the connection from the harm done to them and these eye drops. But there likely will be EzriCare lawsuits alleging negligence in letting this dangerous bacteria in these eye drops.
What will be the factual foundation of these eye drop lawsuits? Who did what?
Honestly, no one knows right now. Here is what we do know: you should not have hard-to-fight bacteria in your eye drops. So the assumption is that there is negligence, but there will have to be an investigation before any EzriCare lawsuits are filed in good faith.
[Update: We know know something. We know the FDA cited multiple missteps from EzriCare of basic manufacturing regulations, including a “lack of appropriate microbial testing” and a “lack of proper controls concerning tamper-evident packaging.” We also know that last month the FDA had put Global Pharma on the its’ “red list” of banned imports. That is disconcerting. Did Walmart and Amazon know? What did they do in response?]Will There Be an EzriCare Class Action Lawsuit?
There will probably not be an EzriCare class action lawsuit over these contaminated eye drops. There will not be enough plaintiffs for a class action. But may mean higher settlement compensation for victims.
Hiring a Lawyer
If you have suffered an injury from EzriCare eye drops, the great likelihood is that an investigation will show the harm was caused by negligence. You can reach us at 800-883-8082 or get a free online consultation. You pay nothing unless you get a recovery.