EzriCare & Delsam Pharma Artificial Tears Lawsuits

People are filing EzriCare and Delsam eye drop lawsuits for eye infections they suffered after using EzriCare or Delsam 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.

A Centers for Disease Control and Prevention investigation of a multistate outbreak of Carbapenem-resistant Pseudomonas aeruginosa between May 17, 2022, and Jan. 19, 2023, found about 85% of people who had CRPA infections used EzriCare Artificial Tears or Delsam Artificial Tears. Lab tests found the strain of CRPA found in patients was rare, and scientists found it in opened bottles of EzriCare Artificial Tears.  Shortly after EzriCare issued a voluntary recall for its artificial tears in February 2023, lawyers filed the first lawsuits.

As of May 15, 2023, 81 people in 18 states have been infected. Fourteen people have reported vision loss, and four people have died, according to the CDC.

What Bacteria Is Named in Artificial Tears Lawsuits?

The type of infectious bacteria named in EzriCare Artificial Tears lawsuits is Pseudomonas aeruginosa. This bacterium occurs in contaminated soil and water and can cause blood, lung and surgical infections, typically in the hospital.

According to the CDC, EzriCare Artificial Tears samples contained a strain of rare, drug-resistant Pseudomonas aeruginosa called Carbapenem-resistant Pseudomonas aeruginosa. Carbapenems are strong antibiotics designed to fight bacteria resistant to other types of antibiotics. CRPA resistance to carbapenems makes this strain of bacteria extremely difficult to treat. Those infected may require months of therapy with various types of antibiotics.

So far, the CDC has reported 81 cases of CRPA across several states. Of those cases, 14 people suffered vision damage and four died after using Ezricare or Delsam eye drops.

Ezricare and Delsam Pharma Artificial Tears lawsuits are in the early stages, and people filed the first lawsuits shortly after the EzriCare recall in February 2023. So far, there have been no approved settlements or jury trials scheduled, and plaintiffs continue to file new lawsuits.

Eye drop lawsuit updates include:

• May 2023: CDC reported 81 infections in 18 states with 14 patients reporting vision loss, four patients had their eyeballs surgically removed and four patients died.
• March 2023: Riley Kerkhoff filed an EzriCare lawsuit in New Jersey after he bought EzriCare eye drops from Amazon and suffered eye and vision damage that could be permanent.
• March 2023: CDC reported 68 drug-resistant Pseudomonas aeruginosa infections in 16 states. Three reports of death, eight reports of vision loss and four reports of enucleation, or surgical removal of eyeball.
• February 2023: Teresa Phillips filed one of the first individual EzriCare injury lawsuits in Florida after she had to have eye surgery for eye infection complications.
• February 2023:  Richard Mosley filed the first EzriCare class action lawsuit in Kentucky, demanding refunds for the full purchase price of EzriCare products.
• February 2023: At the FDA’s request, Global Pharma recalled Delsam Pharma’s Artificial Eye Ointment.
• February 2023: Global Pharma issued a voluntary recall for all unexpired lots of EzriCare Artificial Tears and Delsam Pharma’s Artificial Tears, and FDA issued a Safety Communication warning consumers to stop using these products.
• January 2023: CDC reported 55 drug-resistant Pseudomonas aeruginosa infections in 12 states linked to EzriCare Artificial Tears.

Lawyers expect a high volume of artificial tears lawsuits, and legal experts say the lawsuits could eventually be consolidated into multidistrict litigation (MDL). Other defendants named in lawsuits are retailers, including Walmart and Amazon.

People who experienced injuries as a direct result of using contaminated EzriCare or Delsam Artificial Tears have filed class-action lawsuits as well as individual injury lawsuits. Plaintiffs in EzriCare class-action lawsuits are demanding refunds for the purchase price of the product, while plaintiffs in individual injury lawsuits demand compensation for EzriCare-related infections and eye problems.

Richard Mosley

Richard Mosley filed an EzriCare Artificial Tears class-action lawsuit in Kentucky, demanding a refund for the cost of the defective product for himself and others who purchased the eye drops. Mosley’s complaint says EzriCare’s products were contaminated because they violated the U.S. Food and Drug Administration’s Current Good Manufacturing Practice regulations.

“The presence of the Pseudomonas Aeruginosa bacteria in Defendants’ EzriCare and Delsam Pharma Artificial Tear products is due to Defendants’ violation of Current Good Manufacturing Practices (as identified by the Food and Drug Administration), including ‘lack of appropriate microbial testing, formulation issues (the company manufactures and distributes ophthalmic drugs in multiuse bottles, without an adequate preservative), and lack of proper controls concerning tamper-evident packaging,’” according to Mosley’s complaint.

Teresa Phillips

Teresa Phillips sued EzriCare in a Florida court after she used the company’s artificial tears in May 2022 and got an eye infection weeks later. Phillips’ optometrist prescribed antibiotics, but the infection wouldn’t go away.

Her primary care doctor sent her to an infectious disease specialist after a test revealed the bacterial was Pseudomonas aeruginosa. Phillips spent months on three different antibiotics because none of them were helping the infection, and she eventually needed eye surgery. Even after treatment Phillips isn’t sure what complications she may continue to face.

Anyone who used EzriCare or Delsam Pharma artificial tears and suffered an eye infection, vision loss or other injuries may qualify for an EzriCare lawsuit. People in the hospital on ventilators or who have surgical wounds are most at risk for CRPA

Symptoms of eye infections include itchy and painful eyes. If you or a loved one used EzriCare or Delsam Pharma artificial tears and have symptoms of an infection, see a doctor as soon as possible. Late treatment could increase the risk of infection-related complications

Each state has time limits to file a lawsuit. If you’re unsure if you qualify, contact a lawyer right away to find out and preserve your right to hold manufacturers accountable.

The FDA status of Global Pharma recalls for EzriCare and Delsam Pharma artificial tears is active but the agency hasn’t yet issued a recall classification. Global Pharma issued the EzriCare and Delsam Pharma artificial tears recall on Feb. 2, 2023, and the recall continues.

On Feb. 22, 2023, Global Pharma also initiated a recall for Delsam Pharma’s Artificial Eye Ointment because of potential bacterial contamination.

Side effects for artificial tears are usually mild and may include irritation or allergic reactions. Typically, EzriCare Artificial Tears ingredients are considered safe.

The CDC and the FDA continue to work together to investigate the multistate infections. Assessments of whether or not CRPA is present in sealed bottles of Artificial Tears are underway.