A recent article from CNN announced eyedrop recalls from the following brands in February 2023:
- Global Pharma Healthcare, distributed by EzriCare and Dslam Pharma
- Product recall: Artificial Tears Lubricant Eye Drops
- Product recall: Artificial Eye Ointment
- Pharmedica USA
- Product recall: Purely Soothing 15% MSM Drops
- Apotex
- Product recall: Brimonidine Tartrate Ophthalmic Solution 0.15%
If you experienced any of the following symptoms due to Global Pharma Healthcare’s Artificial Tears Lubricant Eye Drops or any other eye drops, you need to contact a Denver personal injury attorney right away:
- Vision loss
- Surgical eye removal due to serious complications from eye drops
- Death
Contact a Denver product liability attorney today to see if you have a case. You may qualify to seek financial recovery for your damages.
Why Were Global Pharma Healthcare’s Eye Drops Recalled?
Global Pharma Healthcare’s Artificial Tears Lubricant Eye Drops were found to have a rare strain of bacteria. Consequently, the eye drops were recalled in February 2023.
The bacteria is a rare, drug-resistant strain called “Pseudomonas aeruginosa” that’s never been reported in the US before. The eyedrops have been linked to cases of:
- Loss of vision
- Infection in the cornea (eyeball)
- Bloodstream infection
- Infection of the respiratory and urinary tract
- Surgical removal of eyeballs for eye-drop-related complications
How Many People Have Been Affected by the Defective Eye Drops?
This week, the US Centers for Disease Control and Prevention has confirmed 68 patients with infections of the carbapenem-resistant bacteria strain. CDC has partnered with state and local health departments to confirm 68 cases in 16 states as of March 14, 2023:
- California
- Colorado
- Connecticut
- Florida
- Illinois
- North Carolina
- New Jersey
- New Mexico
- New York
- Nevada
- Pennsylvania
- South Dakota
- Texas
- Utah
- Washington
- And Wisconsin
We also know that there have been:
- 8 reported cases of vision loss
- Four reported cases of surgical eyeball removal (enucleation)
- One death related to the defective eye drops
Us Food and Drug Administration and CDC Urge Customers to Stop Using Recalled Products
Recommendations from the US Food and Drug Administration and CDC advise people to stop using these eye drops for their safety. They strongly urge any people using EzriCare or Delsam Pharma’s artificial tears to stop using them immediately.
If anyone who has used the eye drops has any of the following symptoms or signs of eye infection, they should seek immediate medical care:
- Sensitivity to light
- Eye pain or discomfort
- Blurry vision
- Feeling that something is stuck in your eye
- Redness of the eyeball or eyelid
- Clear, green, or yellow eye discharge
After you get the appropriate medical treatment, contact a Denver product liability lawyer right away. You might be able to hold the manufacturer, retailer, or another party responsible for your losses. An attorney can review your case to get all the facts and ensure you get the maximum compensation possible.
Global Pharma Is Not the Only Brand Who Recalled Eyedrops – There Are More
Global Pharma initiated a voluntary recall in February following an FDA recommendation to recall based on manufacturing violations. The violations included failure to adequately test for microbes and inadequate preservatives while packaging. The company has recalled two products:
- Artificial Tears
- Artificial Eye Ointment
Both products are potentially contaminated with drug-resistant bacteria.
While there are no other adverse side effects linked to other brands, there have been other eye drop recalls.
Pharmedica USA Eye Drop Recall
Pharmedica USA recalled two anti-inflammatory eye drops, announcing they were not sterile. One of the products is their “Purely Soothing 15% MSM Drops”. Pharmedica USA is advising consumers to stop using their eye drops immediately and return them to the purchase location. They also encourage customers to call with any questions about the recall.
Apotex Eye Drop Recall
Apotex recalled six lines of product, including their prescription eye drops “Brimonidine Tartrate Ophthalmic Solution 0.15%”. This product is used to treat open-angle glaucoma and ocular hypertension. The recall is allegedly due to cracks in some of the bottles. Additionally, they encourage consumers to contact their doctors immediately for advice if they use their drops.
Eye Drop Safety Tips From the American Academy of Ophthalmology
Millions of people use eye drops for various reasons. Eye Drops are safe when they are manufactured and used correctly, but the recent recalls highlight the importance of eye drop safety. Here are some tips from the clinical spokesperson of the American Academy of Ophthalmology:
- Use caution or avoid preservative-free eyedrops (they are more susceptible to contamination and can cause severe infections)
- Once bacteria get in a bottle, they multiply rapidly and transmit bacteria into the eye. So if you think your bottle is contaminated or defective, stop using it immediately.
- Prevent eye infections by washing hands frequently, especially before touching eye drops or your eyes.
- Don’t touch the tip of the bottle to your eyelashes, skin, or eyeball.
- Don’t use expired eye drops.
What Kind of Case Do I Have if I Experienced Adverse Side Effects from Defective Eye Drops?
If you experienced severe side effects from defective eye drops, you have a valid product liability claim. You’ll need a Denver product liability attorney to review your case and help determine how to proceed.
In Colorado, product liability laws apply to any defective product or defective design. Any company, business, or individual who designs, manufactures or sells a defective product can be held legally responsible for injuries the product causes.
Colorado also enforces strict liability. That means even if the company was not necessarily negligent, it could be liable for covering injury victims’ financial damages.
What is Strict Liability in Colorado?
In Colorado and other states, injury cases are negligence based. That means the injury victim must prove the defendant’s negligence to establish liability. However, in a product liability claim, Colorado enforces strict liability, as opposed to the negligence standard.
Strict liability means the plaintiff (or injury victim) can hold a company or individual strictly liable for a product defect. They don’t need to prove that the producer, manufacturer, or seller was negligent if they were injured by a defective product. So in the case of the contaminated eye drops, if you experienced vision loss, you have a case.
Strict liability in Colorado applies to any manufacturing defects, design defects, and lack of adequate warning. Strict liability claims often arise from:
- Food poisoning cases
- Defective car parts
- And other defective products that cause harm, such as contaminated eye drops
A Colorado personal injury lawyer can help you determine how to strategize your case, so you get the most compensation for your injuries and losses.
What Proof Do I Need for a Product Liability Lawsuit in Colorado?
Here are the key points you need to prove for a successful products liability claim:
- The party in question designed, manufactured, sold, or distributed a faulty or defective product
- The product was defective or contaminated when it left the facility, store, or factory.
- The plaintiff (injured person) used the product in a “reasonably foreseeable manner” and for its intended use.
- The plaintiff suffered injuries as a result of the defective product.
What Does It Mean for the Consumer to Use a Product in a “Reasonably Foreseeable Way?”
By law, all manufacturers in Colorado are required to determine how the average consumer will use their product. That said, they are also responsible for anticipating ways that a consumer could misuse their product. So, if the consumer uses a product in a reasonable and foreseeable manner, as the manufacturer expects, and gets hurt, the manufacturer is liable.
It’s more than likely that in all the cases of eye infection and vision loss, the consumers used the eyedrops in a reasonably foreseeable manner. Even if consumers used the eye drops in a way that Global Pharma Healthcare did not intend, they are still liable for the injuries caused by their contaminated eye drops.
Design Defect Lawsuits in Colorado
Design defects are usually the basis for product liability or defective product lawsuits. Design defects occur when a product is designed with unreasonable danger, and it does not perform safely or as expected. A Denver personal injury lawyer might use various testing methods to test for defective product design. However, the contaminated eye drops are more a case of manufacturing defects rather than design defects.
Manufacturing Defect Lawsuits in Colorado
Manufacturing defect lawsuits arise from products that are designed to be safe, but the manufacturing process causes a defect. As a result, manufacturing defects cause harm or injury to consumers.
The contaminated eye drops are most likely a manufacturing defect, but you’ll need an experienced Denver product liability attorney to review your case.
Liability for ”Failure to Warn” in Colorado
Marketing defects are also a possible type of product liability claim. A product that was properly manufactured but lacked proper instructions or necessary warnings to ensure consumer safety could face a “failure to warn” lawsuit.
That’s because all manufacturers have a legal obligation to warn consumers of any risk associated with using the product. If there is a warning label, but the consumer fails to read it, the manufacturer will not be liable under the “failure to warn” concept. The manufacturer can assume that the buyer will read all instructions and warnings before use.
What Damages Can I Win in a Colorado Product Liability Lawsuit?
If you experienced infection, loss of vision, or any other negative side effects of the recalled eye drops, contact our Denver personal injury lawyers today. We will review your case and help you identify all damages you are entitled to claim.
Generally, injury victims with a product liability lawsuit can claim economic and non-economic damages, including:
- Medical costs
- Future medical expenses
- Property damage
- Lost income
- Lost earning capacity
- Pain and suffering
- Emotional distress
- Disfigurement or scarring
- Permanent disability
- Loss of consortium
- Reduced quality of life
Contact a Denver Product Liability Attorney for Help Today
If you used any of the recalled eye drops discussed in this article, we recommend stopping use and getting medical attention right away.
If you have already suffered vision loss, severe infections, or other complications from using the recalled eye drops, contact our Denver personal injury lawyers. We’ll get to work on your case right away.
You do not have to walk away without a fight if you’ve lost your vision or experienced severe complications from bad eye drops. This has probably already had a huge impact on your life and may affect you forever. We will see to it that you hold the liable parties accountable, and we will fight aggressively to get you a very generous financial award.
The statute of limitations in Colorado for product liability claims is only two years, so don’t delay any longer.
Contact us today for a free consultation.
