On February 2, 2023, Global Pharma Healthcare issued a voluntary recall on EzriCare Artificial Tears Lubricant Eye Drops, which is distributed by EzriCare, LLC and Delsam Pharma. The recall is due to bacterial contamination, which has led to a Pseudomonas aeruginosa outbreak. In essence, the product was contaminated during the manufacturing process, and the company has already received complaints of the eye drops causing blindness. There have also been reports of eye infections, as well as one case of death due to a bloodstream infection.
The FDA has been notified of the contamination, and consumers with adverse reactions are encouraged to contact the FDA’s MedWatch Adverse Event Reporting program. As for the manufacturer, they have not admitted to liability for any of the issues associated with their product. Instead, they have advised consumers with questions and concerns to contact the company firstname.lastname@example.org.
Have you suffered an eye infection, vision problems, or some other health complication from using EzriCare Artificial Tears? We know how scared and anxious you may be right now, but it’s essential to learn about your legal rights, which may include monetary compensation from the manufacturer. Our lawyers are here to advise you and protect your interests if you have grounds to file a lawsuit against Global Pharma Healthcare. Contact us as soon as possible for a free case review with one of our attorneys.
Holding the Manufacturer Responsible
The news of a recall is undeniably upsetting if you have been using EzriCare Artificial tears. Right now, all sorts of questions are probably going through your mind. What should I do if I’ve had an eye infection or another adverse reaction from this product? If my vision has been affected, can I sue Global Pharma Healthcare?
California’s strict liability law holds companies responsible for a defective product if:
- They were responsible for manufacturing, designing, or distributing the product.
- The product became defective before it left the manufacturer’s possession.
- The plaintiff (consumer) used the item in a “reasonably foreseeable” manner. Essentially, the consumer did not use the product in a way that would have caused / contributed to an injury.
- Because of the defect, the consumer sustained injuries that merit compensation.
As of now, the CDC is investigating a Pseudomonas aeruginosa outbreak that may be linked to the problems that have been reported by users of EzriCare Artificial Tears. We are keeping a close eye on the CDC’s investigation, but it’s unlikely that over 50 reports of infections, blindness, and even one death, have nothing to with the bacterial outbreak. Such conditions are the responsibility of the manufacturer, which is why Global Pharma Healthcare has issued this recall. Thus, we believe there is compelling evidence for a defective product liability claim against the manufacturer.
If you or someone you know is a user of EzriCare Artificial Tears Lubricant Eye Drops, contact us to speak with an experienced defective product injury lawyer.
Is there a Class Action Lawsuit on these Cases?
Since we are at the beginning stage of the recall by Global Pharma Healthcare, there is currently no class action lawsuit on these cases. But we expect to see a class action or mass tort on behalf of victims as more of them come forward in the upcoming weeks. Right now, you may be asking yourself, “How can I join a class action lawsuit with others who have been injured by EzriCare Artificial Tears?”
Please give us a call here at Normandie Law Firm if you’re interested in starting or joining a class action claim. During a free case evaluation, we can go over all your questions and concerns and ensure that you are aware of all the legal actions that are available to you.
Monetary Damages from a Defective Product Lawsuit
Though you will receive a lump sum of compensation if you succeed in your lawsuit, your award includes different types of payments, which are known as “damages.” The damages you may be entitled to include the following:
- Cost of medical treatments and rehabilitative services
- Cost of mental health counseling
- Lost income, including future lost wages
- Pain and suffering
- Emotional distress
- Attorney’s fees
- Punitive damages
A large portion of your settlement is based on your physical injuries, i.e., the damage to your eyes. However, damages based on emotional trauma (pain and suffering, emotional distress) are very important in these types of cases. While some victims will survive an infection from this product with minimal complications, others may end up with permanent vision loss. These victims struggle with serious mental health issues, sometimes for the rest of their lives. Thus, they are entitled to sue the manufacturer for their emotional suffering.
On the one hand, we are aware that money can’t replace something as precious as your eyes. However, you should not have to struggle with financial hardship if another individual or entity is responsible for your injuries. Furthermore, a settlement or verdict is a way to hold the manufacturer accountable, which will hopefully bring you a sense of resolution.
Case Value for Lawsuits involving Blindness / Damage to the Eyes
The mere idea of losing your vision is terrifying, as it will take away your ability to do many things that you currently take for granted. Driving a car, performing your job duties, shopping, taking care of your family – all these tasks will be much harder or impossible to do if you are blinded by a contaminated medication. It’s impossible to say what you can receive from a loss of vision lawsuit without a thorough examination of your injuries and the losses you’ve suffered. However, past verdicts and settlements for these cases are typically in the range of 1 to 3 million dollars or more when one eye is affected. If both eyes are damaged, $5 million or more may be recovered due to the victim’s lifetime care costs, lost earning potential, and emotional trauma.
How Long Does it Take to Get Paid on these Cases?
The devastation of permanent damage to your eyes is an extremely traumatic event to deal with, and we know how eager you are to settle your case and move forward from this incident. With that in mind, our goal is to bring you the payment you are owed as fast as possible. Hopefully, we can submit your claim and negotiate the settlement you deserve within the first few months. However, we won’t deny that many of these cases take longer to resolve – up to 2 or more years, depending on the legal actions we will need to take. Such actions may include going to trial, though most of these cases are settled without court intervention. Nevertheless, the settlement process can still take one or more years.
How Much Time Do I have to Pursue a Lawsuit?
As someone who has been harmed by a defective product, you will have two years to sue the responsible parties, starting from the date you first noticed your injuries. This is easy to determine with situations like car accidents, since you can simply go by the date of your accident. However, when the clock starts ticking on an adverse reaction case can be a bit more complicated. It would be worth your while to speak with a lawyer at our office, who can help you figure out the statute of limitations that applies to your claim. In addition, they can help you develop the best legal strategy for your needs and make sure that your paperwork is filed in a timely manner.
Speak to a Lawyer Experienced in Defective Product Injury Claims
We trust that the products we use from major companies are safe, especially when they are meant for medical purposes. Unfortunately, even if the product itself is safe, negligence during the manufacturing process can cause contamination, which has devastating consequences for countless consumers. While injury victims of Global Pharma Healthcare have the right to seek compensation, the legal process is very complicated when it comes to product liability claims. To ensure that you receive justice for everything you’ve endured, please give us a call and speak with a product recall lawsuit attorney.
Our law firm will provide you with a Zero Fee Guarantee from the very first consultation. That means we represent you at no upfront cost, since we wait until the end of your case to receive payment. At that point, our fees are paid by the defendant as a part of your settlement. If we don’t manage to recover your compensation award, you won’t be billed for any legal fees.
Advice on your rights and legal options is just a phone call away, so contact our office right away if you’ve experienced adverse side effects from EzriCare Artificial Tears Lubricant Eye Drops.