What Brand of Eye Drops Is Recalled?
You may have used an eye drops product called Artificial Tears and know that a recall has been issued. Only the Artificial Tears eye drops marketed by EzriCare and Delsam Pharma are potentially targets of a lawsuit. These companies sell the eye drops, and the manufacturer is Global Pharma Healthcare. Recently, notice of the Global Pharma recall of its Artificial Tears product was shared by The Food & Drug Administration (FDA). To help you better understand if you have used the recalled eye drops, view the recall to see images of the packaging1.
What Steps Should You Take for an Artificial Tears Contamination Lawsuit?
If you have used either the EzriCare or Delsam Pharma’s Artificial Tears, and you’ve experienced symptoms of infection to your eyes or other parts of your body, you should seek medical help quickly and talk to our attorneys right away. You may have been harmed by bacteria, and your infection could eventually cause blindness. Recently, the federal government alerted consumers to the dangers of bacterial contamination in Artificial Tears. In early February, the FDA issued a formal warning to purchasers of the eye drops2.
The FDA explicitly states that use of the EzriCare eye drops can lead to eye infections that may cause blindness and possibly death.
The FDA isn’t the only government agency worried for consumers of artificial tears. The Centers for Disease Control (CDC) also issued a separate health alert that informs the public about the type of bacteria present in the known eye infection cases3. This bacterial infection can have very serious consequences. If you’ve used artificial tears and have possible symptoms of infection, you should talk to our team at Terry Bryant Accident & Injury today. We have a No Fee Guarantee® and your initial consultation will be free.
What Are Symptoms of Infection Caused by Use of Contaminated EzriCare Artificial Tears?
According to the CDC, symptoms you may experience from using contaminated EzriCare or Delsam Pharma Artificial Tears eye drops can include:
- discharge from your eye
- pain or discomfort in your eye
- redness of the eye or eyelid
- feeling like there is something in your eye
- increased sensitivity to light
- blurry vision
- loss of vision
- respiratory infection
- infection in your bloodstream.
If you are experiencing any of these symptoms and you used EzriCare or Delsam Pharma’s Artificial Tears when or just before your symptoms arose, you should seek medical help immediately. Tell your doctor the brand of artificial tears you used. That way, your provider can take action needed to help you if your symptoms are caused by a bacterial infection in the eye drops.
There Are Certain Conditions Necessary to Bring a Successful Lawsuit
To learn if you are eligible to join a lawsuit related to EzriCare or Delsam Pharma’s Artificial Tears, talk to our attorneys. It’s important to prove the bottle of artificial tears you used may have the bacteria present, so be sure you keep it and keep the top tightly closed. If you can provide a receipt for your purchase, that will also be helpful. If you bought your artificial tears online, you could print your order information from the site. Both Amazon and Walmart sell the products online.
If you experience any of the symptoms listed above or have been diagnosed with any of the specific ailments listed below while you were using artificial tears or after using the product, you may have a legal case:
- Conjunctivitis (pink eye)
- Endophthalmitis (inflammation of intraocular fluids)
- Keratitis (inflammation of the cornea)
- Vision loss
- Respiratory infection
- Urinary tract infection (UTI)
Our attorneys are also concerned about those who lost loved ones who died from bacterial infection and used the EzriCare or Delsam Artificial Tears. We would like to help you bring Global Pharma Healthcare to justice. By winning you compensation that you deserve, we will also hold the manufacturer of the contaminated Artificial Tears responsible for your loved one’s death.
Medical Records Related to Your Symptoms
Documentation of any medical care associated with your symptoms is important, so you should gather all medical records associated with visits to a doctor. Perhaps you visited for symptoms associated only with your eyes. However, if you experienced other symptoms, like respiratory or urinary tract infections, they may also be associated with your use of artificial tears. Once you speak with our team and we determine that you may have a case, you can also rely on us to gather all relevant evidence. Our team at Terry Bryant Accident & Injury Law can pursue obtaining all medical records on your behalf to help prove your case.
Choose Attorneys with Experience Fighting Big Pharma Companies
There Are Many Reasons Our Team Should Represent You
Your decision about which law firm will provide your legal representation in your lawsuit against Global Pharma is essential to the outcome of your case. When you take on Big Pharma, choose carefully: you need a highly experienced and uniquely skilled legal team. Our attorneys at Terry Bryant Accident & Injury Law have extensive experience with product injury cases related to use of drugs and other products to treat medical symptoms.
We have a unique ability to handle complex cases, because our attorneys are highly experienced in product injury lawsuits. Working with our team means you’ll benefit from our long and successful history of legal battles in similar cases and from our steadfast commitment to our clients.
The skilled team at Terry Bryant Accident & Injury Law has an impressive winning record. We’ve won over $1 billion for our clients.
What Sets Us Apart from Other Law Firms
- We’ve taken on Big Pharma for multiple types of drugs and medical products. See some of the types of drug and product cases we handle.
- Our exceptional winning record. We get proven results for our clients, winning them millions in settlements and verdicts. We only take cases we know we can win.
- Decades of helping clients in complex cases. We’ve been serving Houston-area clients for over 35 years.
- Our exceptional qualifications. Terry Bryant, the firm’s founder, is a former Texas judge. He is also Board Certified in personal injury trial law by the Texas Board of Legal Specialization.
- What our clients say about how we’ve fiercely fought on their behalf to ensure they get the most compensation possible. See our testimonials.
Now is the time to get help from our Artificial Tears infection lawyer. Don’t let valuable time slip by when we could be working for you right now. Call our team now at (713) 973-8888 or 1 (800) 444-5000.
How Our Attorneys Will Help You in Your Artificial Tears Case
When you have seasoned attorneys on your side who understand the detailed work necessary in a product liability case, you can rest assured we’ll fight for the full compensation you are due. To accomplish that, we will meticulously compile the information necessary to prove that Global Pharma Healthcare is responsible for your injuries. If the company does not agree to a fair settlement amount in our negotiations, we’ll be ready to take your case to trial.
We will dedicate our resources to fully investigate your contaminated Artificial Tears case with various methods. We will…
- Research medical records
- Gather information on your use of EzriCare or Delsam Pharma Artificial Tears
- Find all relevant scientific research about preservatives in the manufacture and packaging of the Artificial Tears product
- Use expert witnesses to provide analysis of the eye drops product and the injuries the bacterial contamination can cause
- Research relevant laws and related cases to understand how they impact your case
- Determine the value of your case and the amount of a settlement you can expect
- Take your case to trial if settlement negotiations do not have the outcome we expect
- Answer any questions you have during the process of your case
- Explain the steps involved in your case so you are informed throughout the process.
It is likely that, when confronted with clear evidence of their negligence, Global Pharma will choose to negotiate a settlement. However, some companies prefer to go to trial. Because the number of people injured by the contaminated eye drops could be very large, Global Pharma may decide that risking a loss in trial is better than paying settlements in a large number of Artificial Tears contamination cases. Our attorneys are always ready for a battle in court. We will meticulously prepare your case so we can succeed in settlement negotiations or at trial. We are fierce litigators, so you’ll have the right legal team on your side in a court battle.
How Did Contamination of Artificial Tears Eye Drops Happen?
Most eye drop products must be treated with preservatives. Some eye drops are sold in single-use containers; but when bottles are larger and sized for multiple use, there is potential for contamination. That’s why any multiuse sized bottle of artificial tears must have preservatives to keep consumers safe and free from exposure to bacteria.
Despite these clear dangers, EzriCare and Delsam Pharma’s Artificial Tears are sold in multiuse bottles and lack preservatives. They are more prone to bacterial contamination as a result, and can cause consumers serious injury. In one study, researchers found contamination in 2% of all bottles4. Once you realize how many people use Artificial Tears, that 2% suddenly becomes a large number of consumers put at risk of serious harm.
What Type of Bacteria Was Found in Artificial Tears Eye Drops?
The contaminated bottles of EzriCare Artificial Tears were found to have a drug-resistant strain of Pseudomonas aeruginosa bacteria. It was found by the CDC when the agency tested numerous EzriCare Artificial Tears bottles. These bottles were selected from multiple lots so the testing was sure to get a broad sample. Upon finding the bacteria in several bottles, the CDC showed the potential contamination was spread across different lots.
The strain of Pseudomonas aeruginosa found by scientists in EzriCare Artificial Tears is resistant to most antibiotics. That’s why the infections caused by use of Artificial Tears pose such a dangerous threat. Little can be done to treat an infection suffered by a user of these contaminated eye drops. This strain of bacteria is so dangerous that the CDC advises health care professionals to use contact and enhanced barrier precautions with patients who are infected. The CDC also advises putting them in isolation.
Research into the number of people injured by their use of artificial tears is fairly new. As more people learn of the EzriCare and Delsam Pharma Artificial Tears recall, the connection of infections to the contaminated products may increase. By January 31, 2023, the CDC had documented 55 cases across 12 states in which users of EzriCare Artificial Tears contracted infections.
Can You Sue the Manufacturer of Artificial Tears?
While the names you most likely associate with the Artificial Tears are EzriCare or Delsam Pharma, these companies sell the product — they don’t make the eye drops. Global Pharma Healthcare Private Limited (Global Pharma) is the manufacturer of EzriCare Artificial Tears and Delsam Pharma’s Artificial Tears. A manufacturer is responsible to make a safe product for consumers. The company should know that packaging preservative-free eye drops in multiuse bottles creates grave risk for users.
There are federal regulations that address the safety of manufacture, processing and packaging of medications (CFR Title 21, Part 210)5. Global Pharma may have violated these federal codes. Lawsuits may also prove there was a failure by the manufacturer to warn consumers. A lack of warnings on the labelling of the Artificial Tears may be a negligent act that could show Global Pharma is responsible for the injuries caused by Artificial Tears.
What Compensation is Available in a Contaminated Eye Drops Lawsuit?
How Much is an Artificial Tears Lawsuit Worth?
We believe in seeking justice for our clients and in protecting others from experiencing similar harms. Our goal is to seek the maximum compensation possible for you and to stop Global Pharma from selling contaminated eye drops. How much you can expect in compensation in your case will depend upon several factors, including the nature of your injuries. The best way to learn how much your artificial tears case may be worth is to talk to our attorneys.
In your legal claim, you can pursue several types of “damages,” which are costs or losses associated with your case. These “damages” may be costs that are easy to calculate, which are “economic damages.” Others will take experienced legal analysis to determine their amounts. These are “non-economic damages.” If your loved one died from an infection they contracted using Artificial Tears that later spread to their body, you can pursue compensation for damages through a wrongful death claim. Such an action can be brought in Texas if a “wrongful act, neglect, carelessness, unskillfulness or default” led to your loved one’s death (Tex. C.P.R.C. §71.009)6 .
Types of economic damages in your contaminated artificial tears lawsuit would include costs associated with…
- In-home care
- Transportation to and from medical treatment
- Medication or durable medical equipment
- Future medical expenses
- Lost income and income you would lose from inability to work in the future.
Non-economic damages you can pursue:
- Pain and suffering
- Emotional distress
- Diminished quality of life.
Obtaining non-economic damages will be more likely if your injuries are severe, like blindness or sepsis. You could also pursue these types of damages if you’ve lost a loved one who died from an infection caused by their use of Artificial Tears eye drops.
Punitive Damages in a Contaminated Artificial Tears Lawsuit
Punitive damages are rarely awarded. They are used to punish a defendant and may apply in product liability or drug injury cases. These damages also may be used to prevent other companies from causing similar harms. These types of damages are used only when a manufacturer shows gross negligence, fraud, or malice (Tex. C.P.R.C. §41.003)7. They may be applied in a case where a manufacturer shows extreme negligence because they knew a product was dangerous but sold it anyway.
If your case goes to court and our attorneys prove successfully that Global Pharma sold Artificial Tears with knowledge that bacterial contamination may be present, you could seek punitive damages. Our attorneys would show that the company should have known that bacteria could cause severe injury to consumers of the product.
Now is the time to take action. Don’t hesitate to obtain the best possible legal representation in your Artificial Tears eye drops infection case. One reason to contact our team now is that Texas law provides a general two-year time limit for filing a case (Tex. C.P.R.C. §16.003 (a))8. (*Always speak directly to an attorney for the exact deadlines that apply to your potential claims.) Once we determine you have a case, we’ll get to work immediately.
GET OUR HELP NOW
We Will Use All Our Resources to Fight for You
Have Our Attorneys at Your Side for Your Artificial Tears Lawsuit
Terry Bryant Accident & Injury Law is exactly the legal team you need in your EzriCare or Delsam Pharma Artificial Tears lawsuit.
When you take on Big Pharma, put highly experienced lawyers at your side who have fought these battles before.
A lawsuit against a large corporation can be an uphill battle, because the company has a large team of lawyers working to defend it. No matter how many lawyers Global Pharma has, if we prove their negligence caused your injuries, you will be victorious. We don’t shy away from a fight with Big Pharma. We rise to the occasion. We are dedicated to obtaining maximum compensation for your injuries. Our team at Terry Bryant Accident & Injury Law holds large companies accountable for harms they cause.
Let’s talk about your Artificial Tears case today. Call our team now at Terry Bryant Accident & Injury Law at (713) 973-8888 or toll-free 1 (800) 444-5000. You’ll get a free consultation and, if we take your case, you will pay no fees unless we win.
1 Food & Drug Administration. Global Pharma Healthcare Issues Voluntary Nationwide Recall of Artificial Tears Lubricant Eye Drops Due to Possible Contamination. February 2, 2023. https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/global-pharma-healthcare-issues-voluntary-nationwide-recall-artificial-tears-lubricant-eye-drops-due
2 Food & Drug Administration. FDA warns consumers not to purchase or use EzriCare Artificial Tears due to potential contamination. February 2, 2023. https://www.fda.gov/drugs/drug-safety-and-availability/fda-warns-consumers-not-purchase-or-use-ezricare-artificial-tears-due-potential-contamination
3 Centers for Disease Control and Prevention. Outbreak of Extensively Drug-resistant Pseudomonas aeruginosa Associated with Artificial Tears. https://emergency.cdc.gov/han/2023/han00485.asp
4 M.S. Kim, et al. Microbial contamination of multiply used preservative-free artificial tears packed in reclosable containers. British Journal of Opthalmology. Nov. 2008. V. 92, no. 11. 1518-21. https://bjo.bmj.com/content/92/11/1518
5 Code of Federal Regulations. Title 21, Part 210. Current Good Manufacturing Practice in Manufacturing, Processing, Packing, or Holding of Drugs; General. https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=210.1
6 Texas Civil Practice and Remedies Code, Title 4, Section 71.009. Wrongful Death; Survival; Injuries Occuring Out of State. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm
7 Texas Civil Practice and Remedies Code, Title 2, Section 41.003. Standards for Recovery of Exemplary Damages. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm
8 Texas Civil Practice and Remedies Code, Title 2, Section 16.003. Limitations of Personal Actions. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm