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Eye Drops Recalled for Bacterial Infection

Products Liability: Eye Drops Recalled for Bacterial Infection

Can You Sue if Artificial Tears Caused an Infection?

What Brand of Eye Drops Is Recalled?

The manufacturer is Global Pharma Healthcare, and the companies selling the recalled Artificial Tears Lubricant Eye Drops are EzriCare and Delsam Pharma. The Food & Drug Administration (FDA) published notice of the Global Pharma recall of its Artificial Tears product, which includes 1. If you are  not certain whether you used potentially contaminated eye drops, the images may help you identify the product.

The federal government recently brought to consumers’ attention the dangers of bacterial contamination in artificial tears. In early February, the FDA issued a formal warning to those who purchased certain eye lubricants. The agency explicitly states that use of the EzriCare eye drops can lead to eye infections that may cause blindness and possibly death2.  Because public health is at risk, the Centers for Disease Control (CDC) also issued a separate health alert to inform people about the type of bacteria present in the known eye infection cases3. If you have been harmed by your use of EzriCare Artificial Tears or Delsam Pharma’s Artificial Tears, you may have legal cause to sue if the product gave you a bacterial infection. Get a free telephone consultation from our team to discuss your situation and learn about your options.

The government is taking the risks of contaminated artificial tears seriously, and you should, too. If you have symptoms of possible bacterial infection after using artificial tears lubricant eye drops, seek medical help. Then contact our attorneys about filing a contaminated eye drops lawsuit. Call us at (570) 323-8711.

Our Attorneys Are Experienced at Battling Pharma’s Corporate Lawyers

Why Should You Choose Us?

You should make a careful decision about which law firm you choose in a case involving a Big Pharma company. Our law firm is different from others because our attorneys have deep knowledge of the law, have made unique contributions to the legal profession, and even helped shape laws seeking to protect consumers and medical patients.

Our team is led by Attorney Cliff Rieders, who has assisted lawmakers with reviews or drafting of hundreds of pieces of legislation. Attorney Rieders has considerable expertise in medical malpractice and product liability cases. Our attorneys have held leadership positions in state and national legal organizations, and we have been successful in a wide range of different types of cases for our clients. Some of our success represent millions of dollars to our clients.

Big Pharma companies have a large number of high-paid lawyers working together to defend them. Global Pharma Healthcare has deep pockets and will fight hard to prove they are not liable for your bacterial infection. That is why you need representation from someone who is unafraid to take on large pharmaceutical companies. Rely on our highly experienced attorneys to handle your EzriCare Artificial Tears lawsuit. At Rieders Travis Dohrmann Mowrey Humphrey & Waters we have fought and recovered significant amounts of money for our clients against major companies. Our record of success for clients shows that our strategies are successful.

What Our Attorneys Will Do for You

There is good reason that Global Pharma chose to do a recall of their artificial tears product. Our attorneys will work hard  to show that the recalled product may have caused you harm. We will do our best to recover on your behalf for those responsible for selling and distributing eye drops that may have been negligently made, may violate the products liability laws, or may have lacked appropriate warnings.

When you work with our highly experienced team of product liability attorney, you will have our seasoned expertise on your side. We will take on Global Pharma and their lawyers to attempt to recover the compensation you deserve. If the company does not agree to a fair settlement amount in our negotiations, We will consider whether your case would be appropriate to take to trial.

We will dedicate our resources to fully investigate your contaminated artificial tears lubricant eye drops case with various methods. We will…

  • Research medical records
  • Gather information on your use of artificial tears
  • Search for all relevant scientific research about preservatives in the manufacture and packaging of artificial tears
  • Use expert witnesses to provide analysis of the eye drops product and the injuries the bacterial contamination can cause
  • Research applicable laws and related cases to understand how they impact your case
  • Do our best to determine the value of your case and the amount of a settlement that you may receive
  • Consider taking your case to trial if settlement negotiations do not have the outcome which is appropriate
  • Answer any questions you have during the process of your case
  • Do our best to explain the steps involved in your case so you are informed throughout the process.

Some pharmaceutical companies prefer to settle instead of going to court, because of the expense involved with a trial. However, Global Pharma may decide they would prefer to take their chances in court to prevent making settlement payouts in a large number of cases about contaminated EzriCare Artificial Tears or Delsam Pharma’s Artificial Tears. Our attorneys will prepare your artificial tears infection case with an eye towards possible trial and we will work hard for you in negotiations and in courtroom, should that become necessary.

Pharma companies that harm consumers should be held accountable. We will fight aggressively to obtain the compensation which you deserve and which is supported by the facts and the law.

Get the legal help you need right now. Call our attorneys today at (570) 323-8711 to discuss your injuries caused by infection from using artificial tears.

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Can You Sue the Manufacturer of Artificial Tears?

Global Pharma Healthcare Private Limited is the manufacturer of EzriCare Artificial Tears and Delsam Pharma’s Artificial Tears; as the manufacturer, it has the responsibility to make a safe product for consumers. If you suffered injuries from your use of EzriCare or Delsam Pharma’s Artificial Tears, you may be able to sue the manufacturer. While EzriCare and Delsam Pharma marketed the product, the party responsible for your injuries will likely be Global Pharma Healthcare. 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)4. Global Pharma may have violated these federal codes. Lawsuits may also prove there was a failure on the part of the manufacturer to warn consumers. A lack of warnings on the labelling of the recalled Artificial Tears may be a negligent act that could show Global Pharma is responsible for the injuries caused by EzriCare or Delsam Pharma Artificial Tears.

While the brand name EzriCare is on packaging of the recalled Artificial Tears, the company says it has no involvement in manufacture of the drug. EzriCare claims that the extent of its involvement with Artificial Tears relates to the labeling and marketing of the product5.

Proving Negligence in an Artificial Tears Infection Case

Our attorneys will need to prove that Global Pharma was negligent or violated the products liability law, and that their conduct caused your injuries, and that the harm may have included non-economic injuries such as pain and suffering, loss of life’s pleasures, disfigurement and economic harm such as lost income, future lost income, medical and hospital bills.

As personal injury attorneys with experience in product liability cases, we know what is needed successfully to prove negligence and violation of the products liability laws in your artificial tears contamination case. Our lawyers at Rieders Travis Dohrmann Mowrey Humphrey & Waters have strong experience in negotiations needed to obtain a fair amount of compensation that you deserve in a settlement. Having an attorney who is an experienced and skilled litigator is important, because your artificial tears contamination case may end up in court.

Call our team about your case today at (570) 323-8711. Get your free telephone consultation to learn how we can help you. We will help determine if your injury was caused by your use of artificial tears.

What Are Symptoms of Infection Caused by 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 have used artificial tears when or just before your symptoms arose, you should seek medical help immediately. Be certain you tell your doctor about your use of the EzriCare or Delsam Pharma eye drops. That way, your provider can take action needed to help you if your symptoms are caused by a bacterial infection in the artificial tears bottle you used. To help your case if you pursue a lawsuit against the manufacturer, retain all your medical records. Your attorney will need this documentation to help your legal case. Also be sure to retain all bottles of EzriCare or Delsam Pharma Artificial Tears that you have. They may be important evidence.

How Are Artificial Tears Eye Drops Contaminated?

Eye drops pose a health risk if they are not treated with preservatives. Many eye drops products are sold in bottles sized for multiple use and typically have preservatives to keep the eye drops safe. However, the preservatives can be an irritant for those who have chronically dry eyes or a temporary condition that calls for heavy use of eye drops. These individuals are best served with single-use bottles of eye drops. When preservative-free eye drops are sold in multiuse bottles, they are prone to bacterial contamination.

The type of bottle used for eye drops can be a danger: EzriCare Artificial Tears are preservative-free, but they are sold in multiuse bottles. This is what makes the risk of bacterial contaminants such a harmful threat.  In one study, researchers found contamination in 2% of all bottles6. That may seem like a low number, but when you consider how many people use the product, the risk of harm to so many consumers is frightening.

What Type of Bacteria Was Found in Artificial Tears?

Pseudomonas Aeruginosa Is a Dangerous, Drug-Resistant Bacteria

The CDC identified the bacteria as a drug-resistant strain of Pseudomonas aeruginosa through testing of EzriCare Artificial Tears bottles from multiple lots of the product. That means the potential contamination is more widespread than one batch of the product manufactured and packaged at the same time.

Because the strain of Pseudomonas aeruginosa found in EzriCare Artificial Tears is resistant to most antibiotics, the infections caused by use of the product poses a dire threat. If the bacteria are present, there is little that can be done to treat the infection. However, researchers have found that one antibiotic, cefedirocol, may have some efficacy fighting multidrug-resistant bacteria like Pseudomonas aeruginosa, but its efficacy is limited7.

The number of injuries caused by the bacterial contamination may quickly increase as the artificial tears eye drops recall becomes more widely known. As of January 31, 2023, the CDC documented 55 cases across 12 states in which users of EzriCare Artificial Tears contracted infections. The site of infection may begin with the eye, but the bacteria soon can enter the bloodstream and can infect the entire body.

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.

What Compensation is Available in a Contaminated Eye Drops Lawsuit?

Global Pharma should be held responsible for selling contaminated eye drops. In a lawsuit related to injuries you suffered from your use of artificial tears, our attorneys will fight for you to receive maximum compensation available based upon your claim. You may be able to pursue several types of “damages,” which are costs or losses associated with your case. 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  and Survival Act claim.

Do not hesitate to seek our legal representation now in your artificial tears eye drops infection case. It is important to start your legal action quickly. Pennsylvania law establishes a two-year time limit in which a case can be filed (42 Pa. C.S. 5524)8. As soon as our attorneys determine that you have a legal claim, and a Fee Agreement has been entered into, we will begin working on your case immediately.  Please keep in mind that there are certain types of claims that can be tolled (stopped) after the two years have run, but these are exceptions and not the rule.  Pennsylvania also has a Minor’s Tolling Act which permits a minor to bring a claim two years after they reach age 18.

There are several losses you may have suffered related to your injuries, whether you suffered blindness or other harms from infection in your eyes or elsewhere in your body once the bacteria entered your bloodstream. These “damages” may be costs that are easy to calculate, known as “economic damages.” Others will take experienced legal analysis to determine their amounts. These are “non-economic damages.”

Economic Damages in a Contaminated Artificial Tears Lawsuit

These costs are ones you can easily calculate. They include:

  • Costs for hospitalization
  • Medical and surgical costs
  • Costs for in-home care
  • Transportation costs associated with treatment
  • Costs of medication or durable medical equipment
  • Lost income from when your illness prevented you from working
  • Future medical costs
  • Past, present, and future lost income.

Non-economic Damages

Non-economic damages in your eye drops lawsuit may particularly apply if you suffered blindness or the death of a loved one.

They include:

  • Pain and suffering
  • Emotional distress
  • Diminished quality of life
  • Loss of life’s pleasures
  • Disfigurement

Punitive Damages in an Artificial Tears Lawsuit

Punitive damages are used only when a manufacturer shows extreme negligence because they knew a product was dangerous but sold it anyway. There are several reasons a court may award punitive damages in your lawsuit against Global Pharma. If your case goes to trial and our attorneys prove that the company sold their artificial tears product when they knew it may have bacterial contamination, you could seek punitive damages. The company also should have known that bacteria could cause severe injury to consumers of the product. Punitive damages can be used to…

  1. Punish the company
  2. Send a message to other pharma companies that sell potentially contaminated products
  3. Make the amount of the award significant enough to prevent other companies from causing similar harm.

Get Our Help Now

Turn to Our Attorneys for Your Artificial Tears Infection Case

Depend on Our Experience with Complex Product Liability Lawsuits

When you have suffered a serious injury that could drastically impact your quality of life, you need an experienced law firm that will dedicate its resources to your case. That’s why you should rely upon the highly skilled and knowledgeable attorneys at Rieders Travis Dohrmann Mowrey Humphrey & Waters. Our team has a proven winning record in large, complex cases. Global Pharma must be held responsible for the harms it caused you, your family and other users of EzriCare and Delsam Pharma Artificial Tears.

You would never knowingly have used a product contaminated with a bacteria that is resistant to most antibiotics. It can be devastating that simply using eye drops can cause you to lose your sight or to have a severe bacterial infection spread to other parts of your body. Some pay the ultimate price and lose their lives, leaving loved ones behind who lost companionship, affection and part of their family income. Global Pharma should face consequences for the harm caused by their negligence. Our attorneys will aggressively pursue all the compensation you deserve for your suffering, your medical expenses, and your financial losses.

Talk to our attorneys about your case. We will put our full resources into seeking justice for you in an artificial tears bacterial contamination lawsuit. Get a free consultation now. Call (570) 323-8711.


1  Food & Drug Administration. Global Pharma Healthcare Issues Voluntary Nationwide Recall of Artificial Tears Lubricant Eye Drops Due to Possible Contamination. February 2, 2023.

2  Food & Drug Administration. FDA warns consumers not to purchase or use EzriCare Artificial Tears due to potential contamination. February 2, 2023.

3  Centers for Disease Control and Prevention.  Outbreak of Extensively Drug-resistant Pseudomonas aeruginosa Associated with Artificial Tears.

4  Code of Federal Regulations. Title 21, Part 210.   Current Good Manufacturing Practice in Manufacturing, Processing, Packing, or Holding of Drugs; General.

5  EzriCare Artificial Tears – Discontinue Use. February 2, 2023.

Federal Drug Administration. FDA warns consumers not to purchase or use EzriCare Artificial Tears due to potential contamination.

6  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.

7  Jiahui Yao, Jin Wang, Mengli Chen and Yun Cai. Cefiderocol: An Overview of Its in-vitro and in-vivo Activity and Underlying Resistant Mechanisms. Frontiers in Medicine. Section – Infectious Diseases: Pathogenesis and Therapy. Vol. 8.  December 7, 2021.

8  Pennsylvania Consolidated Statutes, Title 42, section 5524. Two-Year Limitation.

Attorney Cliff Rieders

Attorney Cliff RiedersCliff Rieders is a Nationally Board Certified Trial Lawyer practicing personal injury law. A large part of his practice involves multi-district litigation, including cases related to pharmaceuticals, vitamin supplements and medical devices. He is admitted in several state and federal courts, as well as the Supreme Court of the United States. Rieders is the past regional president of the Federal Bar Association and is a life member of the distinguished American Law Institute, which promulgates proposed rules adopted by many state courts. He is a past president of the Pennsylvania Association for Justice, formerly Pennsylvania Trial Lawyers Association. As a founder of the Pennsylvania Patient Safety Authority, he served on the Board for 15 years.

Not only has Rieders held many highly esteemed, leadership positions, he authored legislation related to the Patient Safety Authority and the Mcare Act, which governs medical and hospital liability actions in Pennsylvania. He authored texts upon which both practitioners and judges rely, including Pennsylvania Malpractice Laws and Forms, and Financial Responsibility Law Issues in Pennsylvania, the latter governing auto and truck collisions in Pennsylvania. In addition, he wrote several books on the practice of law in Pennsylvania regarding wrongful death and survivor actions, insurance bad faith, legal malpractice claims and worker rights, among others. Rieders also serves as a resource to practitioners as a regular speaker for Celesq, an arm of the world’s largest legal publisher, Thomson Reuters West Publishing.

As recognition of his wide range of contribution to his profession and of his dedication to protecting the rights of his clients, he received numerous awards, among them the George F. Douglas Amicus Curiae Award, the Milton D. Rosenberg Award, the B’nai B’rith Justice Award, and awards of recognition from the Pennsylvania Trial Lawyers. [ Attorney Bio ]