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Artificial Tears Lawsuit Attorney

EzriCare, Delsam Pharmaceutical recall Eye Drops

Artificial Tears eye drops have been recalled over possible contamination that can lead to eye infection, blindness, or even death. Our attorneys are investigating potential cases for people who have used EzriCare Artificial Tears eye drops and suffered bacterial infection, vision loss, or perhaps even died as a result of infection from Artificial Tears.

The CDC has acknowledged that at least three people have died after using the eye ointment products marketed by EzriCare and Delsam Pharmaceuticals. They are presumed to have died from an infection called Pseudomonas aeruginosa, which can resist all treatment.

Get a No Obligation Free Consultation

Anyone who has used Artificial Tears products and experienced signs of infection is urged to contact our law firm for a free legal consultation regarding a potential lawsuit against the manufacturers of these products.

Matthews & Associates Law Firm is an industry leader in representing people injured by dangerous drugs and medical devices. We are a full-service legal firm.

Call (888) 923-7001 or email us now for a free, no-obligation case evaluation.


We may file or settle a claim individually or as part of a group on a case-by-case basis. 

Whether your claim is filed individually or as part of a group fighting the same defendant, our goal is always to provide each of our clients with individual attention.

Artificial Tears Recall Timeline

  • Delsam Pharmaceutical Artificial Eye Ointment was recalled on Feb. 24, 2023 over possible microbial contamination.
  • Artificial Tears Lubricant Eyedrops were recalled on Feb. 2, 2023 by EzriCare and Delsam Pharma over non-sterile production conditions that can also lead to dangerous infections.
  • The CDC recommended – on January 31, 2023 – that clinicians and patients cease using EzriCare Artificial Tears.

Death Toll rising from Eye Drop Infections

The U.S. Centers for Disease Control said on March 21, 2023 that the death toll has risen in the outbreak of extensively drug-resistant bacteria linked to recalled eye drops. The agency has acknowledged that at least three people have died after being infected by Pseudomonas aeruginosa.

In addition, according to CDC’s March 21, 2023 update, eight people have been blinded, and four have had their eyeballs removed due to infections caused by the contaminated eye drops. More than 67 patients have been identified with the bacteria across 16 different states.

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Artificial Tears named by CDC

CDC wrote:“The outbreak strain, carbapenem-resistant Pseudomonas aeruginosa with Verona integron-mediated metallo-β-lactamase and Guiana extended-spectrum-β-lactamase (VIM-GES-CRPA) is associated with multiple types of infections, including eye infections. The investigation to date has identified Artificial Tears as a common exposure for many patients.”

CDC and FDA both recommend clinicians and patients stop using EzriCare or Delsam Pharma’s Artificial Tears products pending newer guidance.

Three eye products have been recalled so far. All were imported from the Indian firm of Global Pharma Healthcare Private Limited. Medical health officials have moved to investigate the outbreak, which is suspected to be linked to opened eye drops. Some were purchased online through retailers, some in ophthalmologists’ offices. The FDA also reports that two eye products from other makers have also been recently recalled for unrelated contamination concerns.

The Pseudomonas aeruginosa strain in the outbreak is extremely rare. Never previously seen in the U.S., it is difficult to treat due to its having developed resistance to a dozen different antibiotics.

Woman sues Artificial Tears Maker after losing Eyeball

The CDC initially identified 55 patients with carbapenem-resistant Pseudomonas aeruginosa (CRPA). The agency said the infection was found in 12 states:

  • California
  • Colorado
  • Connecticut
  • Florida
  • New Jersey
  • New Mexico
  • New York
  • Nevada
  • Texas
  • Utah
  • Washington
  • Wisconsin

CDC Advisory

CDC says: “Patients who have used EzriCare or Delsam Pharma’s artificial tears and who have signs or symptoms of an eye infection should seek medical care immediately.” The agency does not recommend testing patients who have used this product but are not experiencing infection symptoms.

Eye infection symptoms may include:

  • Yellow, green, or clear discharge from the eye
  • Eye pain or discomfort
  • Redness of the eye or eyelid
  • Feeling of something in your eye (foreign body sensation)
  • Increased sensitivity to light
  • Blurry vision
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What is Pseudomonas Aeruginosa?

Pseudomonas aeruginosa is a ubiquitous, multi-faceted bacteria. It is commonly found in soil or water, on skin, or in human and animal bodies. Pseudomonas aeruginosa can be very versatile, and it is potentially deadly.

Pseudomonas aeruginosa is a gram-negative bacteria that exists both aerobically and anaerobically (which means it can live without oxygen). This bacterium can infect humans, plants, and animals, and it cause a range of different health problems in humans. Particularly concerning for people with compromised or weakened immune systems, it can trigger potentially fatal illnesses such as pneumonia or cystic fibrosis. Oddly enough,  Pseudomonas aeruginosa can also be found in completely healthy people and environments.

Common symptoms of Pseudomonas Aeruginosa include:

  • respiratory tract infections
  • wound infections
  • gastrointestinal issues
  • fever
  • chills
  • coughing
  • abdominal pain
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UC-San Diego Research May Help

While the death toll mounts, the CDC says University of California-San Diego researchers have identified a bacteriophage that might work to treat the largely drug-resistant bacteria.

UCSD’s Center for Innovative Phage Applications and Therapeutics had previously announced that so-called “phage” therapies it developed could save patients with drug-resistant bacterial infections. These types of treatments deploy viruses that can attack bacteria to fight off infections that traditional antibiotic drugs may fail to kill.

Co-director of the center, Dr. Robert Schooley, told CBS News: “The approach we take is that we respond to inquiries from physicians about patients they feel might benefit from phage therapy and, if it appears that phages might be beneficial in a particular patient, we work with the physician.”

Dr. Schooley said no patients have been treated thus far in the outbreak with the phage his group has selected, which appears to match  samples sent by the CDC. Before the viruses can be given to patients, he said the center has to work with doctors to navigate the “intricacies of obtaining and using them.”

He also said that his group and other collaborators continue to screen for additional active phages.


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