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Latest EzriCare and Delsam Pharma Artificial Tears Lawsuit Updates

As of November 2023, EzriCare and Delsam Pharma Artificial Tears lawsuits haven’t been consolidated into multidistrict litigation. Lawsuits are currently being filed and cases are still in early stages. There have been no global settlements or jury trials.

Eye Drop Lawsuit Updates

  • October 2023: U.S. Magistrate Judge Rukhsanah L. Singh signed a pretrial scheduling order in Teresa Phillips v. EzriCare stating fact discovery must be completed before Sept. 30, 2024.
  • July 2023: Plaintiff Riley Kirkhoff filed an amended complaint for his EzriCare lawsuit (3:23-cv-01652-GC-RLS) in New Jersey District Court against Amazon.com, Inc., EzriCare, Ezrirx, LLC, and Global Pharma Healthcare Private Ltd.
  • March 2023: Clara Oliva filed an EzriCare lawsuit after she became infected with Pseudomonas aeruginosa and became legally blind.
  • February 2023: Teresa Phillips of Florida was one of the first to file after having eye surgery because of an EzriCare-related Pseudomonas aeruginosa infection. Richard Mosley of Kentucky filed the first EzriCare class-action lawsuit demanding a refund for the purchase price of EzriCare eye drops.

People began filing lawsuits after cases of serious infections traced back to eye drop use were reported. In May 2023 the CDC released an update reporting 81 infections in 18 states with four patients having their eyeballs surgically removed, 14 patients reporting vision loss and four patients dying. In addition to EzriCare, other defendants named in lawsuits are retailers, including Amazon and Walmart.

Why Are People Filing EzriCare and Delsam Eye Drops Lawsuits?

People are filing EzriCare eye drop lawsuits because they contracted bacterial eye infections from using EzriCare or Delsam Pharma artificial tears, eye drops or eye ointment. Global Pharma Healthcare, the artificial tears manufacturer, is named as a defendant, along with EzriCare, Delsam Pharma and other distributors.

The Centers for Disease Control and Prevention investigated an outbreak of carbapenem-resistant Pseudomonas aeruginosa, or CRPA, which occurred between May 2022 and January 2023. The agency found most of the infections occurred in people who had used EzriCare or Delsam Artificial Tears.

The CDC found most people infected with carbapenem-resistant Pseudomonas aeruginosa (CRPA) reported using EzriCare Artificial Tears.

Soon after, Global Pharma issued a recall for EzriCare and Delsam Pharma Artificial Tears and eye drops. Less than a month later, Global Pharma also recalled Delsam Pharma’s Artificial Eye Ointment because of potential microbial contamination.

EzriCare and Delsam Class-Action Lawsuit and Individual Injury Lawsuits

People began filing EzriCare Artificial Tears class-action lawsuits and individual injury lawsuits shortly after the Global Pharma recalls. One of the first class-action lawsuits, Mosley vs. EzriCare LLC, Delsam Pharma LLC, Global Pharma Healthcare Private LTD and Aru Pharma Inc., demands refunds for a defective product.

Individual injury lawsuits such as the one filed by Teresa Phillips — a woman who suffered a serious eye infection — are seeking compensation for pain, suffering, medical bills and loss of quality of life. Phillips had to undergo months of antibiotic treatments and then surgery to treat infection complications.

Are EzriCare and Delsam Eye Drops Linked to an Infectious Bacteria?

The CDC linked EzriCare and Delsam eye drops to an infectious bacteria called carbapenem-resistant Pseudomonas aeruginosa. This is a type of bacteria that occurs in contaminated water or soil and is often found in hospitals. People who are seriously ill, on ventilators or those who just had surgery are at the highest risk of infection.

Infections caused by Pseudomonas aeruginosa in EzriCare Artificial Tears and Delsam Pharma’s Artificial Tears are dangerous because they are carbapenem-resistant. This means the bacteria are resistant to a class of antibiotics called carbapenems, which are used to treat bacteria that are already resistant to other therapies. It can take months of trying many different antibiotics to treat CRPA, and some people die from complications.

The CDC has found that the EzriCare outbreak contains a unique, very rare strain of bacteria called Verona Integron-mediated Metallo-β-lactamase, or VIM, and Guiana-Extended Spectrum-β-Lactamase (GES)-producing carbapenem-resistant Pseudomonas aeruginosa (VIM-GES-CRPA).

EzriCare and Delsam eye drop side effects from bacterial contamination include eye infection and potential vision loss. As of May 15, 2023, the CDC reported that four people have died and 14 people reported vision loss from VIM-GES-CRPA infections. See your doctor right away if you are experiencing symptoms of an eye infection, including eye itching and eye pain.

Who Can File an EzriCare or Delsam Lawsuit?

People who used certain EzriCare or Delsam Pharma Artificial Tears eye drops may be eligible to file an EzriCare lawsuit if they suffered an eye infection, vision loss or other complications.

Attorney Trent Miracle shares the process of how to file an EzriCare lawsuit on behalf of a loved one.
You may be able to file an EzriCare or Delsam lawsuit if you:
  • Used EzriCare or Delsam Pharma Artificial Tears
  • Got an infection
  • Were hospitalized
  • Suffered vision loss or other complications

Make sure you stop using EzriCare or Delsam Artificial Tears but, if possible, keep the eye drops, packaging and receipts for evidence in your case.

How Can I File an EzriCare or Delsam Lawsuit?

Speak to an attorney as soon as possible to see if you are eligible to file a claim. An attorney consultation is free but there are time limits to file your lawsuit. You don’t pay the lawyer unless you receive a jury verdict or settlement.

If you have a claim and wish to file a lawsuit, your attorney will file the lawsuit on your behalf and walk you through each step of the litigation process. You may be eligible to receive compensation for medical bills, vision damage, pain and suffering, future medical care and other damages.

Your lawyer will negotiate a settlement on your behalf and present your case before a jury and judge if it goes to trial.

EzriCare and Delsam Eye Drops Recall

Global Pharma initiated its EzriCare and Delsam Pharma eye drops recall on Feb. 2, 2023. The EzriCare and Delsam Artificial Tears recall timeline began when the CDC started investigating a rare, extensively drug-resistant strain of Pseudomonas aeruginosa bacteria that infected about 55 people across 12 states in May 2022.

On Jan. 20, 2023, EzriCare became aware of the CDC’s investigation but had not been asked to perform a recall.

“The EzriCare Artificial Tears were formulated, designed and imported by Aru Pharma Inc. in the U.S. and were manufactured by Global Pharma Healthcare PVT LTD in India,” EzriCare said in a statement. The company said it only designed the label and marketed the artificial tears to customers in the U.S.

After the CDC and U.S. Food and Drug Administration linked the infection to EzriCare eye drops, Global Pharma Healthcare issued the EzriCare and Delsam Pharma recall on Feb. 2 at the recommendation of the FDA. The company then initiated another recall for Delsam Pharma Artificial Eye Ointment on Feb. 24, 2023.

Please seek the advice of a qualified professional before making decisions about your health or finances.
Last Modified: December 18, 2023

11 Cited Research Articles

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  1. Centers for Disease Control and Prevention. (2023, May 15). Outbreak of Extensively Drug-resistant Pseudomonas aeruginosa Associated with Artificial Tears. Retrieved from https://www.cdc.gov/hai/outbreaks/crpa-artificial-tears.html
  2. Mayorquin, Orlando. (2023, March 23). 'I want justice': Woman who lost her eye to infection sues recalled eyedrop maker EzriCare. Retrieved from https://www.usatoday.com/story/news/nation/2023/03/23/clara-oliva-ezricare-eye-drop-lawsuit/11517556002/
  3. U.S. Food & Drug Administration. (2023, February 27). FDA warns consumers not to purchase or use EzriCare Artificial Tears due to potential contamination. Retrieved from https://www.fda.gov/drugs/drug-safety-and-availability/fda-warns-consumers-not-purchase-or-use-ezricare-artificial-tears-due-potential-contamination
  4. U.S. Food & Drug Administration. (2023, February 24). Global Pharma Healthcare Issues Voluntary Nationwide Recall of Delsam Pharma Artificial Eye Ointment Due to Possible Microbial Contamination. Retrieved from https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/global-pharma-healthcare-issues-voluntary-nationwide-recall-delsam-pharma-artificial-eye-ointment
  5. U.S. District Court Middle District of Florida. (2023, February 9). Teresa Phillips vs. EzriCare LLC et al. Retrieved from https://www.aboutlawsuits.com/wp-content/uploads/2023-02-09-Complaint.pdf
  6. U.S. District Court Eastern District of Kentucky. (2023, February 4). Mosley vs. EzriCare LLC, Delsam Pharma LLC, Global Pharma Healthcare Private LTD and Aru Pharma Inc. Retrieved from https://drive.google.com/file/d/1Y10mapmPL7ivwFYlCpjr7QYCpCd1fQCL/view
  7. EzriCare. (2023, February 2). EzriCare Artificial Tears – Discontinue Use. Retrieved from https://ezricare-info.com/
  8. Centers for Disease Control and Prevention. (2023, February 1). Outbreak of Extensively Drug-resistant Pseudomonas aeruginosa Associated with Artificial Tears. Retrieved from https://emergency.cdc.gov/han/2023/han00485.asp
  9. Centers for Disease Control and Prevention. (2023, January 20). Update: Multistate Cluster of VIM- and GES-producing Carbapenem-resistant Pseudomonas aeruginosa associated with Artificial Tears. Retrieved from https://www.aao.org/Assets/3a187c94-7889-42e8-84a1-6b2e88e7d374/638098403609770000/epix-multistate-pseudomonas-investigation-20jan2023-pdf?inline=1
  10. DailyMed. (2020). Artificial Tears Lubricant Eye Drops- carboxymethylcellulose sodium solution/ drops. Retrieved from https://dailymed.nlm.nih.gov/dailymed/fda/fdaDrugXsl.cfm?setid=ac1ea23c-f1c6-418f-921e-58553ee919cb&type=display
  11. Centers for Disease Control and Prevention. (2019, November 13). Pseudomonas aeruginosa in Healthcare Settings. Retrieved from https://www.cdc.gov/hai/organisms/pseudomonas.html