EzriCare & Delsam Pharma Artificial Tears Lawsuits

As of February 2024, EzriCare and Delsam Pharma Artificial Tears lawsuits were in the early stages and hadn’t been consolidated into multidistrict litigation. 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.

At one time, lawyers expected a high volume of artificial tears lawsuits, and legal experts say the lawsuits could be slowing down. But lawyers are still taking cases. Other defendants named in lawsuits are retailers, including Walmart and Amazon.

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 its last reported update on May 15, 2023, the CDC had received reports of 81 cases of CRPA across 18 states. Of those cases, 14 people reported vision loss and four people died after using Ezricare or Delsam eye drops.

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.

Anyone who used EzriCare or Delsam Pharma artificial tears and suffered an eye infection, vision loss or other injuries caused specifically by Pseudomonas aeruginosa may qualify for an EzriCare lawsuit.

“I tell people that call in that they’ve got to get tested for a specific bacterial infection. Unless it is Pseudomonas aeruginosa, we can’t help them with a case,” according to Trent B. Miracle, a products liability and mass torts attorney.

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.

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.

Crystal Roberts

In December 2023, Crystal Roberts filed a class action lawsuit against EzriCare and Ezrirx. Roberts purchased EzriCare Artificial Tears in June 2022 from Walmart. After using the product, she was rushed to the hospital and suffered permanent damage, according to the lawsuit.

Roberts is demanding that the defendants provide her and the other class members with refunds for the purchase price of the product.

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.

As of February 2024, the FDA hasn’t issued an update on the status of Global Pharma recalls for EzriCare and Delsam Pharma artificial tears is active. 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.

EzriCare and Delsam eye drops are not the only eye products facing controversy. In September 2023, the FDA issued a warning letter to companies about other eye products that were illegally marketed and had quality issues. The FDA said its investigation of eye products was ongoing, and “the agency may take additional regulatory or enforcement actions, as warranted.”

In October 2023, the agency warned consumers to stop using certain over-the-counter eye products because of the potential risk of eye infections that could cause partial vision loss or blindness. The warning was followed by two voluntary recalls initiated by Kilitch Healthcare India Limited and Cardinal Health Inc. in November 2023.