The count for patients affected by EzriCare Artificial Tears eye drops and Delsam Pharma’s Artificial Eye Ointment has increased from 55 to 68 since the products were recalled on February 2, 2023. The recall was issued after a health alert by the Center for Disease Control, which warned of an outbreak involving a drug-resistant strain of the bacteria, Pseudomonas aeruginosa. Both products are manufactured by Global Pharma Healthcare, which is based in Chennai, India. Currently, we know of 16 patients that were hospitalized, 8 with some form of vision loss, 4 that had to have surgery (enucleation) to remove eyeballs that had loosened, and one death due to complications from bacterial infection.
According to the latest reports by the CDC, this particular strain of bacteria has never been seen in the U.S. before. They believe that it was brought into the country due to the substandard practices by Global Pharma, including “lack of appropriate microbial testing, formulation issues (no preservative in multi-use bottles, for example), and lack of proper controls concerning tamper-evident packaging.” Due to these issues, the FDA has advised consumers to stop using the drops immediately.
However, quick disposal of the product won’t guarantee people’s safety, as this is a bacteria species that can lay low for long periods of time and spread from a patient that shows no signs of sickness. This is particularly alarming in hospitals, nursing homes, and other healthcare centers. It’s no coincidence that 37 out of 68 cases we are aware of were traced to several healthcare facilities. Our law firm is keeping a close eye on developing cases, but there’s no telling how many people will be affected by the negligence of Global Pharma Healthcare, EzriCare and Delsam Pharma.
Did you or someone you know suffer adverse health issues from Delsam Pharma’s Artificial Eye Ointment or EzriCare Artificial Tears? Our lawyers can advise you of your legal rights and fight to bring you compensation for the harm you’ve suffered. For more information on the legal options that are available to you, contact us to schedule a free case evaluation.
Our Recent Verdicts and Settlements
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$525,000
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Am I Eligible for a Lawsuit against the Manufacturer?
Being injured by a product does not guarantee that you are entitled to compensation from the manufacturer. However, a product maker is responsible for any issues that render the product unsafe, including bacterial contamination, if they occur during the manufacturing process. It does not matter what actions the manufacturer took or didn’t take to prevent such issues. A lawsuit against the manufacturer is possible under the following conditions according to California’s strict liability law:
- The defendant is responsible for manufacturing, designing, or selling the product.
- The product became defective before it left the manufacturer’s possession, meaning it could not have been caused by another party, such as the seller or consumer.
- The consumer used the product in the way it was intended, i.e., they did not cause or contribute to the incident that injured them.
In the next section, we will detail the forms of compensation that you can request if you were harmed from these eye drops due to the numerous safety violations committed by Global Pharma. Our lawyers are always here if you have questions or concerns, so don’t hesitate to give us a call.
Monetary Damages from a Product Liability Lawsuit
A settlement from a product manufacturer is meant to reimburse you for the losses you’ve suffered, which include economic and non-economic damages. Forms of compensation that may be available to you include:
- Medical expenses
- Lost wages
- Lost earning potential for severe injuries like losing an eye or blindness
- Pain and suffering
- Mental anguish / cost of mental health counseling
- Cost of legal representation
- Loss of consortium
- Punitive damages
With these cases, non-economic damages like mental anguish and pain and suffering make up a significant portion of most settlements. This is due to the fact that losing your sight or a part of your body doesn’t just affect you physically. It also creates deep and lasting emotional trauma that you will have to manage on a day to day basis. Many people are devastated to the point of losing relationships with loved ones and isolating themselves out of fear and anger. This sense of tremendous loss is coupled with financial losses, like medical bills and losing the ability to perform your job duties.
Based on these and many other hardships, it’s unacceptable to us that the manufacturer should get away with recalling the product and denying any responsibility for their actions. We are here to hold them accountable and ensure that you and your loved ones receive justice.
Wrongful Death Compensation for Loved Ones
So far, one person has died due to an infection that was caused by a contaminated supply of these eye drops. Losing a loved one in this manner can leave you with lifelong grief and trauma, along with financial hardship that you shouldn’t have to struggle with. Our law firm can help you file a wrongful death compensation claim against the manufacturer, which will compensate you for:
- Funeral expenses
- Medical bills
- Value of expected savings that the decedent would have earned
- Value of lost benefits, like pension, healthcare, inheritance, etc.
- Loss of consortium
- Pain and suffering
- Attorney’s fees
These cases are extremely challenging, since they are not based on the victim’s losses. Instead, we are trying to determine a dollar amount for the current and future losses you are left with due to your loved one’s death. Our law firm has extensive experience in the recovery of wrongful death settlements for family members, spouses, and registered domestic partners. Contact us right away for a free case review if you would like to learn more about the wrongful death lawsuit process.
Class Action Lawsuits and Mass Torts
We know for a fact that lawsuits are already being filed by injury victims against Global Pharma, as well as EzriCare and Delsam. While we are investigating claims on behalf of multiple victims, questions about class actions and mass torts have come up time and time again. We believe these legal actions may be filed in the upcoming weeks or months as more victims reach out to us with their stories.
Please contact us if you are wondering, “How can I join a class action lawsuit on this case?” We can help you join a class action as it becomes available, though you may be interested in filing a personal injury claim by yourself. We can go over each of these options and help you choose the legal action that’s right for you.
Average Case Value for an Eye Injury / Vision Loss
It should come as no surprise that the majority of settlements for serious eye injuries are in the 7-figure range. For a lawsuit involving blindness in one eye, for example, one to three million dollars is a likely range of values. If the injury involves both eyes, particularly loss of the eyes altogether, payments can easily exceed $5 million. Keep in mind that these are estimate ranges, and at the end of the day, it’s your own circumstances that will dictate what you are entitled to from a defective product injury claim. If you’d like to discuss the potential value of your case with a personal injury lawyer, contact us to schedule a free case evaluation.
Estimated Time Period to Settle a Product Injury Case
Moving forward from this incident requires justice from the party that has harmed you, which is why it’s essential to settle your case as soon as possible. Simultaneously, you need to recover enough compensation to cover your losses, including future medical care, loss of expected savings, etc. How long it will take to get to that point is the big question. We try to settle all injury claims within 6 months, but there’s no denying that severe injury cases, like blindness and losing an eyeball, often take longer to resolve. Based on the complications that arise, the legal action you file, and many other factors, your lawsuit may take 2 or more years from start to finish.
How Long do I have to Sue the Manufacturer?
In California, you have two years starting from the injury date to file a lawsuit for a defective product. But the specific injury date can be challenging to determine, as some injuries take considerable time and repeated treatments before they are properly diagnosed. With bacterial contamination, you may also have an injury that leads to other health issues, which are all eligible for compensation. We can confirm when the statute of limitations on your case begins and ends, but no matter what, it’s essential to begin the claims process right away so that you can be one step closer to receiving your settlement.
Contact Normandie Law Firm
From our many years of experience as personal injury attorneys, we know the devastation that negligence by a manufacturer can have on countless lives. Even worse, justice is difficult to obtain without representation from an experienced attorney. That’s why we offer free legal services to injury victims and those that have lost someone to a defective product accident. With the Zero Fee Guarantee, you hire us at no upfront cost, with the assurance that all legal fees are billed to the party you are suing. That means we don’t make a cent unless we bring you compensation from a successful lawsuit.
We are standing by to provide you with guidance 24 hours a day, 7 days a week. If you’ve suffered injuries from using EzriCare Artificial Tears eye drops or Delsam Pharma’s Artificial Eye Ointment, please give us a call to explore your rights and legal options.
