Eye Care Products

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You can find eye care products all across the country. However, infections from using them have led to severe complications, including the loss of sight and even death.

Thousands of people have used these products. Or could still be using these products. Investigations are continuing. Since the first reports of infection, thousands of these products were sold before the manufacturer initiated a recall.

Types of Eye Care Products

You can find all kinds of eye care products: skin creams to reduce fine lines, moisturizers, and serums for undereye puffiness and dark circles. Many of these are sold over the counter. They do not require a prescription or U.S. Food & Drug Administration (FDA) approval.

You can also find liquid drops to treat redness or itchiness from allergies. Also, many people purchase products designed for contact lens wearers.

However, certain eye care products, if contaminated, can be incredibly dangerous and lead to blindness. These recalled products include:

• Delsam Pharma’s Artificial Eye Ointment and Artificial Tears. ⁽¹⁾
• EzriCare’s Artificial Tears. ⁽²⁾

What Are the Potential Risks of Eye Care Products?

Both EzriCare and Delsam recalled eye care products posing significant health risks due to bacterial contamination. These over-the-counter artificial tears and ointment products do not contain preservatives.

Without preservatives, dangerous bacteria can flourish. These “products could be contaminated with a dangerous drug-resistant bacteria, Pseudomonas aeruginosa, which can cause severe disease, blindness, and death.” ⁽³⁾

The Centers for Disease Control and Prevention (CDC) reported on an outbreak of Pseudomonas aeruginosa. This strain of bacteria is linked to these artificial tear products. The strain is “particularly dangerous because it’s highly resistant to most antibiotics.” ⁽⁴⁾

At the end of January in 2023, the “CDC identified 55 patients in 12 states with infections that have been linked by epidemiologic and laboratory evidence to use of EzriCare Artificial Tears. Associated adverse events include hospitalization, one death with bloodstream infection, and permanent vision loss from eye infections.” ⁽⁵⁾

At least 68 people across multiple states were infected as of February 2023. Eight people lost their vision. Four people needed surgery to remove an eyeball. One person has died. ⁽⁶⁾

Why Are People Filing Delsam and EzriCare Eye Drops Lawsuits?

Lawsuits are being filed to get compensation and justice. These products are potentially life-threatening. According to the FDA, you should stop using them right away. These drops and ointment were manufactured in India, but have been sold across the U.S.

“In addition to Artificial Tears products, FDA is also now warning consumers and health care professionals not to purchase or use Delsam Pharma’s Artificial Eye Ointment due to potential bacterial contamination. This is an over-the-counter product, manufactured by Global Pharma Healthcare Private Limited, intended to be sterile.” ⁽⁷⁾

The CDC issued a health advisory about infections caused by certain bacteria. Most patients who had developed these types of infections said they had used artificial tears. Patients reported more than 10 different brands of artificial tears. ⁽⁸⁾

Most people who developed significant infections said they had used EzriCare Artificial Tears. CDC laboratory testing identified the presence of the outbreak strain in opened EzriCare bottles, with different lot numbers, collected from two states. ⁽⁹⁾

The alert states: “Patients and healthcare providers should immediately discontinue using EzriCare artificial tears pending additional guidance from CDC and the Food and Drug Administration (FDA).” ⁽¹⁰⁾

What Is Pseudomonas Aeruginosa?

“Pseudomonas is a type of bacteria (germ) that is found commonly in the environment, like in soil and in water. Of the many different types of Pseudomonas, the one that most often causes infections in humans is called Pseudomonas aeruginosa.” Bacteria can cause infections in the lungs, blood — and after surgery — other parts of the body. ⁽¹¹⁾

These bacteria are constantly upgrading themselves. They continue looking for new ways to resist antibiotic treatment. The fear is these types of bacteria may become resistant to available treatment options. ⁽¹²⁾

Delsam and EzriCare Eye Drops Recall

Global Pharma Healthcare said it became aware of the CDC’s investigation in January 2023. It issued a nationwide voluntary recall of its Artificial Tears products in February 2023. ⁽¹³⁾

First, EzriCare recalled Artificial Tears Lubricant Eye Drops and Delsam Pharma recalled Artificial Tears Lubricant Eye Drops. Later that month, the manufacturer also recalled Delsam Pharma Artificial Eye Ointment. Global Pharma Healthcare noted potential bacterial contamination. ⁽¹⁴⁾

“Global Pharma Healthcare is voluntarily recalling all lots within expiry of their Artificial Tears Lubricant Eye Drops, distributed by /EzriCare, LLC- and Delsam Pharma, to the consumer level, due to possible contamination.” ⁽¹⁵⁾

Also in February, the “FDA recommended that Global Pharma recall Delsam Pharma’s Artificial Eye Ointment, and the firm agreed to initiate a recall.” This was due to potential bacterial contamination. The agency noted the manufacturer had violated “current good manufacturing practice” guidelines. The FDA cited lack of appropriate microbial testing, issues with the formulation, concerns about adequate preservatives, and lack of appropriate controls to prevent tamper-evident packaging. ⁽¹⁶⁾

Who Can File a Delsam or EzriCare Eye Drops Lawsuit?

If you or a loved one used EzriCare Artificial Tears or Delsam Pharma’s Artificial Tears or Artificial Eye Ointment and was injured, you may be eligible to file a lawsuit.

These over-the-counter products do not use preservatives. Because they don’t, they may harbor deadly bacteria that are highly resistant to many types of antibiotics.

People have developed life-threatening infections. Some people have lost sight in one or both eyes. In at least one instance, someone died from the contaminated products.

Potential injuries from using these recalled eye products include:

• Infection from a strain of Pseudomonas aeruginosa.
• Bacterial eye infection.
• Infection resulting in vision loss.
• Blurry vision.
• Hospitalization.
• Bloodstream infection.
• Eye infection including discharge from the eye (yellow, green, or clear).
• Eye pain.
• Redness of the eye or eyelid.
• Feeling like something is in your eye.
• Increased sensitivity to light.

Right now, we are accepting clients from these states:

• California.
• Colorado.
• Connecticut.
• Florida.
• New Jersey.
• New Mexico.
• New York.
• Nevada.
• Texas.
• Utah.
• Washington.
• Wisconsin.

Legal Options

As a consumer, you expect drug products available without a prescription to be safe. You trust manufacturers have acted responsibly. In many cases, these companies betray your trust.

Anyone who suffered severe complications after using recalled eye care products can take legal action. The companies creating harmful products need to be held accountable for their actions.

These infections are widespread, affecting people across the country. So you need to file the right kind of lawsuit and with the right legal team.

You deserve compensation for the suffering these recalled products have caused you. You also deserve reimbursement for your:

• Medical expenses.
• Lost time from work.
• Physical damage.
• Pain you are feeling.

Not to mention compensation for how your life — overall — has been affected.

How W&L Can Help

You need to consult with an attorney with a national presence. The law firm you hire must have extensive experience handling defective drugs and consumer products. The firm you choose also should have experience standing up to large, international brands.

Weitz & Luxenberg has both. We have attorneys who are dedicated specifically to dealing with dangerous drugs and defective medical devices. They believe you have the right to pursue justice for your injuries. And also get appropriate financial compensation.

Weitz & Luxenberg represented hundreds of clients several years ago involving a recall of a contact lens solution. It had fungal contamination causing similarly serious eye injuries. We can apply that knowledge — of the medicine and technology of contaminated eye products — to help you in this similar litigation.

Once you find our firm is the right firm for you, our attorneys can explain your legal options. Members of the W&L team can also help you understand the legal process and determine the best way to represent you.

Weitz & Luxenberg is a law firm with multiple offices located across the country. For almost 40 years, we have been representing clients harmed by the actions and inactions of large companies. This includes pharmaceutical companies and others who manufacture personal care products.

On behalf of our clients, we have won more than $19 billion. Here are just a couple examples of our success:

• Weitz & Luxenberg achieved a $9 billion jury verdict for our client who developed bladder cancer after taking Actos, a diabetes drug.
• Weitz & Luxenberg achieved a $13.5 million jury verdict for our client who suffered multiple heart attacks after taking Vioxx, a medication intended to treat arthritis and other acute chronic pain conditions.