On October 30th, 2023, the Food and Drug Administration (FDA) released an updated list of over-the-counter artificial tears products that consumers should not purchase or use. Included in the list are twenty-six eye drop products, many of which are sold under store brand names at CVS, Target, Walmart, and Rite Aid. The FDA notes that the use of these products could lead to eye infections.
Following the FDA warning, Cardinal Health, Inc. initiated a voluntary recall of all lots of six Leader brand eye products. Harvard Drug Group LLC also announced a voluntary recall for all lots of two Rugby Laboratories brand artificial tears products. Additionally, Target, Rite Aid, and CVS are removing the listed eye drops from their shelves. According to CNN Health, eye drops sold under the names Leader, Velocity, and Rugby may still be available in stores. The FDA emphasized that these products should not be purchased or used.
Eye Drops Linked To Vision Loss and Death
Recent eye drop recalls follow a dangerous trend that began earlier this year. In March 2023, the manufacturers of EzriCare Artificial Tears recalled the over-the-counter eye drops after the product was linked to the death of at least one person and vision loss in five other individuals. The Centers For Disease Control and the Food and Drug Administration have also advised that consumers and clinicians should immediately stop using Delsam Pharma’s Artificial Tears products.
Pharmedica USA began recalling two lots of Purely Soothing, 15% MSM Drops in February citing the non-sterility of its product. Although the Food and Drug Administration (FDA) press release states that the company had received no reports of adverse effects or illness at the time of the announcement, the manufacturer chose to initiate a voluntary recall stating that the use of the eye drops may result in eye infections and vision loss.
Claims in EzriCare, Delsam, Apotex and Pharmedica Eye Drops Lawsuits
The CDC, collaborating with the FDA, investigated an outbreak of a strain of bacteria known as pseudomonas aeruginosa and found evidence of its association with multiple types of infection, including eye infections. The investigation concluded that the common exposure among patients was artificial tears. This bacterial strain had never been reported in the United States prior to the outbreak.
Bacteria pseudomonas aeruginosa can cause infections in the lungs, blood, and various parts of the body, and is resistant to treatment with antibiotics called carbapenems. This class of antibiotics is often considered a last resort for infections, making the bacteria pseudomonas aeruginosa drug-resistant.
To date, the CDC working in partnership with local health departments has identified fifty-six patients in twelve states, including Florida. Although most patients reported using artificial tears from multiple brands, the preservative-free over-the-counter EzriCare Artificial Tears was the most commonly used among the patients. It was also the only artificial tears brand reported across all healthcare facilities investigated.
In laboratory testing, the CDC identified the presence of VIM-GES-CRPA in opened bottles of EzriCare. VIM-GES-CRPA stands for the enzyme Verona Integron‐mediated Metallo‐β‐lactamase, which can break down and thereby neutralize certain types of antibiotics, including carbapenems, ceftazidime, and cefepime.
What is Pseudomonas Aeruginosa? The bacteria Named in the Lawsuit
The bacteria pseudomonas is commonly found in the environment, in places like water and soil. The antibiotic-resistant pseudomonas aeruginosa is a strain of pseudomonas, which most commonly infects humans.
– Pseudomonas Aeruginosa Symptoms: Exposure to the bacteria can cause pneumonia or infection in the lungs, fever and chills, difficulty breathing, chest pain, lethargy, and cough (which can contain mucus).
– Pseudomonas Aeruginosa Treatment: Treatment for pseudomonas aeruginosa often includes an antibiotic regimen. Unfortunately, the bacteria is increasingly resistant to antibiotics, making it difficult to treat, especially multidrug-resistant types of pseudomonas aeruginosa.
Who Can Qualify for the EzriCare, Delsam, Apotex, or Pharmedica Eye Drop and Artificial Tears Lawsuits?
If an individual has used EzriCare, Delsam, Apotex, Pharmadica Eye Drops, or Artificial Tears and they have suffered adverse reactions as a result of their use, the individual may qualify to file a lawsuit against the manufacturer. Adverse effects include eye infections, vision loss, and hospitalization after using contaminated eye drops.
Current EzriCare, Delsam, Apotex, and Pharmedica Recall Status
As of March 2023, the eye drops recalled include the following products:
- EzriCare – Artificial Tears Lubricant Eye Drops
- Delsam – Pharma Artificial Eye Ointment
- Apotex – Brimonidine Tartrate Ophthalmic Solution, 0.15%
- Pharmedica – Purely Soothing, 15% MSM Drops
What Should I Do If I Recently Used EzriCare, Delsam, Apotex, Pharmedica Eye Drops or Artificial Tears?
The CDC has advised consumers to immediately stop using EzriCare or Delsam Pharma’s Artificial Tears until additional information can be provided by the CDC and FDA. If a healthcare provider recommends the use of these products, patients should call their provider to request alternative treatment options. Patients who have used EzriCare or Delsam Pharma’s Artificial Tears and experience vision trouble or symptoms of infection should seek immediate medical care.
According to the CDC, eye infection symptoms may include yellow, green, or clear discharge from the eye, eye pain or discomfort, redness of the eye or eyelid, feeling of a foreign object in the eye, increased light sensitivity, and blurry vision.
Panter, Panter & Sampedro Can Help with Your Defective Product Lawsuit
If you or someone you love has experienced harm due to a defective or dangerous product, it is important to speak to a dedicated personal injury attorney as soon as possible to discuss your options.
Panter, Panter, and Sampedro have the expertise and resources needed to get just compensation for the losses you’ve suffered due to a defective product. Our team of expert attorneys can help you understand your options and navigate the legal process. Speak to an attorney today at 305-662-6178.
Eye Drop Lawsuit FAQs
How much compensation can I recover in an EzriCare, Delsam, Apotex, or Pharmedica Eye Drop and Artificial Tears Lawsuit?
To date, no eye drops lawsuits have been resolved. Therefore, the settlement value is currently unknown.
How much time do I have to file an EzriCare, Delsam, Apotex, or Pharmedica Eye Drop and Artificial Tears Lawsuit?
Governor Ron DeSantis signed House Bill (HB) 837, Civil Remedies on March 24th, 2023 reducing Florida’s statute of limitations for general negligence from four years to two years. In other words, a lawsuit against a manufacturer must be filed within two years of the individual experiencing adverse effects due to the use of the product.
Where will my eye drop lawsuit be filed?
Depending on several factors, the lawsuit may be filed where the injured individual resides, the location of the manufacturer at the time of purchase, or the location of the manufacturer’s headquarters.
How long can this lawsuit take to recover damages?
Due to the nature of a product liability lawsuit, which requires the examination of medical records, consultations with expert witnesses, and more, an eye drops lawsuit may take a few months to a few years.
Sources:
https://www.fda.gov/drugs/drug-safety-and-availability/fda-warns-consumers-not-purchase-or-use-certain-eye-drops-several-major-brands-due-risk-eye
https://www.cdc.gov/hai/outbreaks/CRPA-artificial-tears.html
https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/cardinal-health-inc-issues-voluntary-nationwide-recall-certain-leadertm-brand-eye-drops-supplied
https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/harvard-drug-group-llc-issues-voluntary-nationwide-recall-certain-rugbyr-laboratories-brand-eye
https://www.cnn.com/2023/10/30/health/fda-eye-drops-infection-risk/index.html
https://www.cdc.gov/hai/organisms/pseudomonas.html
https://www.everydayhealth.com/pseudomonas-aeruginosa/
https://www.cdc.gov/hai/organisms/pseudomonas.html
https://www.consumernotice.org/legal/ezricare-lawsuits/
https://www.iii.org/fact-statistic/facts-statistics-product-liability
https://www.findlaw.com/state/florida-law/florida-product-liability-laws.html
https://www.flgov.com/2023/03/24/governor-ron-desantis-signs-comprehensive-legal-reforms-into-law/
