How Much Is My Ezricare Lawsuit Claim Worth? – Forbes

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EzriCare Artificial Tears is at the center of a growing number of lawsuits filed by consumers whose eyes became infected after they used eye drops that may be contaminated with dangerous antibiotic-resistant bacteria. Eye infections linked to the EzriCare product have led to impaired vision, blindness and even death. Product liability suits have been filed in multiple states against EzriCare’s manufacturer but none have been resolved yet through a trial or settlement.

Because the litigation is in the early stages and the injuries claimed vary, it’s impossible to know what EzriCare claims may be worth. But with injuries alleged ranging from discomfort to blindness and death, plaintiffs will likely see wide-ranging award and settlement amounts.

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What Are Ezricare Lawsuits About?

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Lawsuits are being filed over contaminated eyedrops that have allegedly caused injuries, including discomfort, infections, blindness and death. The litigation is in the early stages, but the nature of the alleged injuries indicates jury verdicts and settlement amounts could be substantial in some cases.

EzriCare Artificial Tears is an over-the-counter eye drop used to treat Dry Eye Disease (DED), a chronic condition caused by inadequate tear production due to dysfunctionality in the ocular surface. Approximately 20 million people in the United States and 344 million people around the world have DED, according to the American Academy of Ophthalmology. EzriCare Artificial Tears are manufactured by Global Pharma Healthcare PVT Limited in India and imported into the U.S. by Aru Pharma, Inc.

In January 2023, the Centers for Disease Control and Prevention announced that 55 serious bacterial infections in 12 states could be linked to EzriCare Artificial Tears. The following month, the U.S. Food and Drug Administration (FDA) warned that EzriCare Artificial Tears may have been contaminated by a drug-resistant and potentially deadly bacteria called Pseudomonas aeruginosa. The agency notified consumers and healthcare practitioners that patients should stop using EzriCare Artificial Tears immediately. Global Pharma subsequently issued a voluntary recall of the product.


Why Are EzriCare Eye Drop Lawsuits Filed?

After the EzriCare Artificial Tears recall in February 2023, consumers began suing Global Pharma for product liability.

Manufacturers and sellers can be held liable when a defective product harms consumers. If found liable, product manufacturers and sellers can be ordered to compensate plaintiffs for their injuries and other damages. Laws governing product liability claims vary by state. Plaintiffs who file a product liability suit must prove that:

  • The product was defective;
  • They used the product as instructed;
  • The defective product caused harm and
  • The plaintiff can be compensated for the harm.

According to the FDA, consumers’ exposure to the Pseudomonas aeruginosa bacteria may have occurred due to the manufacturer’s current good manufacturing practices (CGMP) violations. These include the lack of appropriate microbial testing and tamper-evident packaging and the manufacture and distribution of the eye drops in a multi-use bottle without proper preservatives.

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EzriCare Lawsuit History

As of February 2024, plaintiffs have filed product liability claims against Global Pharma in several states. Among the first suits filed is a Florida woman’s claim that she developed an eye infection from the EzriCare eye drops that required surgery.

Consumers are also seeking compensation from retailers for their alleged injuries. A Kentucky man brought the first putative class action seeking a refund for the price of the eye drops. Internet retail giant Amazon has been named a defendant in various suits because it sold the product on its website. Walmart has been included as a defendant for selling the contaminated eye drops in its stores.

Because the litigation is still in its infancy, no trials have yet been scheduled, and no settlements have been reached. The cases have not yet been consolidated into multidistrict litigation (MDL) for pretrial proceedings to address a large number of similar cases more efficiently.


What Are Ezricare Claims Worth?

The Centers for Disease Control and Prevention has identified patients in numerous states who developed infections linked to EzriCare Artificial Tears. Some patients experienced infections that led to serious complications requiring hospitalization, including permanent loss of vision and the surgical removal of the patient’s eyeball. Deaths linked to the eye drops have also been reported.

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Did you develop bacterial eye infections during or after using EzriCare or Delsam Pharma Artificial Tears?

Plaintiffs alleging damage from EzriCare eyedrops could be compensated—via a jury award or settlement—for the following:

  • The cost of treatment for infections and any resulting complications
  • Lost wages for missed time at work or a diminished ability to work in the future
  • Pain and suffering for the initial and ongoing discomfort experienced due to infection and any resulting complications
  • Emotional distress over the damages suffered
  • Diminished quality of life due to impaired vision or blindness
  • Wrongful death damages if a loved one dies from an infection linked to the eye drops

The amount of damages that could result from a lawsuit or settlement is difficult to predict and depends on the type and severity of the injury to the plaintiff.

Did You Develop Bacterial Eye Infections While Using EzriCare Or Delsam Pharma Artificial Tears?

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Frequently Asked Questions (FAQs)

What are the symptoms of an eye infection caused by bacteria in EzriCare eye drops?

Common symptoms include eye redness, inflammation and eye fluid leakage. Patients should obtain medical care if the problems last for more than 72 hours.

Has the FDA issued warnings about other eye drops manufactured by Global Pharma?

In February 2023, the FDA warned consumers and health care practitioners not to purchase and immediately stop using the over-the-counter products Delsam Pharma’s Artificial Tears and Delsam Pharma’s Artificial Eye Ointment due to possible bacterial contamination.

What are current good manufacturing practices (CGMP)?

The FDA ensures the quality of drug products through CGMP regulations that require manufacturers to make sure their products are safe by having the ingredients and strength claimed. The CGMP regulations set out minimum requirements for the methods, facilities and controls used in the manufacturing, processing and packing of drug products.

How prevalent is the bacteria Pseudomonas aeruginosa?

Pseudomonas aeruginosa is found in water and soil and is the type of Pseudomonas bacteria that most often infects humans. Pseudomonas aeruginosa has become resistant to antibiotics and can spread to humans when exposed to water or soil contaminated with the bacteria.

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