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Eye Drop Recall Lawsuit Attorneys - Nationwide

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Eye Drops Linked to Vision Loss, Blindness, Even Death

The Centers for Disease Control (CDC) is reporting an outbreak of a particularly dangerous bacterial infection caused by contaminated eye drops. Use of the contaminated products has resulted in a number of serious complications, including loss of vision, blindness, removal of eyeballs, and even death. At Montlick Injury Attorneys, our lawyers have been representing people injured by defective products for over 39 years.   

Which Eye Drop Brands Were Recalled in 2023?

  • EzriCare Artificial Tears 
  • Deslam Pharma’s Artificial Tears
  • Deslam Pharma’s Artificial Eye Ointment
  • Purely Soothing 15% MSM Drops

The CDC and Food and Drug Administration (FDA) continue to investigate new cases of this drug-resistant bacteria found each day. Additional recalls of potentially dangerous products are likely to continue. The above is not an exhaustive list of eye drops that could be linked to serious medical complications. If you use eye drops, artificial tears, or any other eye-related drops or ointments, stay vigilant of any new recall announcements by checking the recall information on the FDA's website.

If you have used any of these or other eye drops and are showing signs and symptoms of an eye infection, seek medical care immediately.

Eye infection symptoms can include: 

  • Discharge from the eye (yellow, green, or clear)
  • Eye pain or discomfort
  • Redness or swelling of the eye or eyelid
  • Feeling as though there is something stuck in your eye
  • Light sensitivity
  • Blurred vision

If you or a loved one has been injured by the use of eye drops or eye ointments, call 1-800-LAW-NEED (1-800-529-6333) or fill out the form below for your FREE discussion with a Montlick attorney.

Call our national Eye Drop Lawsuit Lawyers at 1-800-529-6333, 24-7, for free information about filing a lawsuit for harm such as blindness, eyeball removal surgery, or the tragic death of a loved one after using Deslam Pharma, EzriCare, or Purely Soothing eye lubricant products.
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What to Know About Eye Drop Infections and Injuries 

What Is Pseudomonas aeruginosa?

Pseudomonas aeruginosa is the drug-resistant bacteria at the center of the CDC investigation. The bacteria is particularly dangerous for people with compromised immune systems. 

This bacteria is not uncommonly found in hospital settings, and at least some of the individuals who experienced complications with the eye drop-related strain were linked to healthcare facilities. 

The FDA and CDC are working together to identify whether the eye drop contamination occurred during manufacturing. According to NPR, the FDA said that Global Pharma, a parent company of Ezricare, did not use proper packaging or preservatives when distributing the drops. 

What This Means for You 

If you or a loved one has experienced blindness, vision loss, vision problems, eye-related surgeries or other complications following the use of artificial tears or eye drop products, you may be entitled to money to assist with your medical bills and financial compensation for your pain and suffering. 

To understand your legal options, call Montlick Injury Attorneys today at 1-800-529-6333. For 39 years our attorneys have been fighting hard and winning the settlements our clients deserve.

Find out if you have a case →

Liability for Dangerous Eye Drops

When defective eyedrops cause infections and blindness for some people, several parties may potentially be held liable under different legal theories. These parties may include the manufacturer, the distributor, the retailer, and even healthcare professionals.

Firstly, the manufacturer of the eyedrops may be held liable under strict product liability, negligence, or breach of warranty. Under strict product liability, the manufacturer can be held liable for damages caused by a defective product, regardless of whether they were negligent. In this case, the defective eyedrops are causing harm to the consumers, and the manufacturer may be held liable for not ensuring that their product was safe for use.

Strict liability is a legal doctrine that holds a person or entity responsible for harm caused by their actions or products, regardless of fault or intent. In other words, strict liability means that a person or entity is liable for the harm caused by their actions or products, even if they did not intend to cause harm and were not negligent.

Strict liability is often applied in cases involving dangerous or defective products, such as defective drugs, medical devices, or consumer products. In such cases, the manufacturer, distributor, or retailer may be held strictly liable for any harm caused by the product, regardless of whether they knew about the defect or were negligent in the production or distribution of the product.

The rationale behind strict liability is that the person or entity responsible for the product or activity that caused the harm is in the best position to prevent the harm from occurring. By imposing strict liability, the law provides an incentive for manufacturers, distributors, and others to take all necessary precautions to ensure that their products or activities are safe and free from defects.

Overall, strict liability is an important legal doctrine that provides an additional layer of protection for consumers and holds those responsible for dangerous or defective products accountable for the harm they cause.

Secondly, the distributor or retailer of the defective eyedrops can also be held liable for the harm caused to the consumers. The legal theory of strict liability also applies to distributors and retailers who sell defective products. They have a duty to ensure that the products they sell are safe for use and free from defects. If they sell a defective product that causes harm, they can be held liable.

Thirdly, healthcare professionals, such as doctors or pharmacists, may also be held liable if they prescribed or dispensed the defective eyedrops. They have a duty to ensure that the products they prescribe or dispense are safe and effective. If they were aware of the defects in the eyedrops and still prescribed or dispensed them, they can be held liable for any harm caused to the patients.

The potential liability for defective eyedrops causing infections and blindness can be significant, and several parties may be held liable under different legal theories, including the manufacturer, distributor, retailer, and healthcare professionals. Anyone who suffers harm from using defective eyedrops should promptly consult with a personal injury attorney to understand their legal options, and to make sure the necessary steps are timely taken to preserve your legal rights.

Legal Time Deadlines

Statutes of Limitations: Legal time deadlines, also known as statutes of limitations, apply to all legal matters, including product liability cases. These deadlines are set by state laws and dictate the amount of time a plaintiff has to file a lawsuit after discovering that they have suffered harm from a defective product. Failure to file a lawsuit within the statute of limitations can result in the plaintiff losing their right to pursue legal action against the manufacturer or other parties involved in the production or distribution of the product.

Statutes of limitations vary from state to state, and the applicable time limit can depend on the type of harm suffered, the type of product involved, the type of legal claims being asserted, and other factors. In some states, the statute of limitations may be as short as one year, while in others, it may be as long as six years or more. BUT THERE ARE EXCEPTIONS, AND IT CAN BE SHORTER OR LONGER! so it is always important to promptly consult with an experienced personal injury attorney who can identify the the time deadlines that apply to your case. In some cases, the statute of limitations may be tolled, or temporarily suspended, such as, to give just one example, if the plaintiff was not aware of the harm caused by the product until a later date. However, tolling exceptions are often narrowly defined and require careful legal analysis. When a minor is involved, the time deadline could be extended. 

In addition to the statute of limitations, there may be other deadlines that plaintiffs need to be aware of in product liability cases. For example, there may be a deadline for filing a claim with the manufacturer or distributor of the product, or a deadline for providing notice of the claim to the parties involved. Failure to meet these deadlines can result in the plaintiff losing their right to pursue legal action.

Statute of Repose: For products liability cases, there is also another legal time deadline called the statute of repose that can apply. The statute of repose is another legal deadline that limits the amount of time during which a plaintiff can bring a lawsuit or claim for damages related to a particular product or service.

The purpose of a statute of repose is to limit the liability exposure of manufacturers, distributors, and other parties involved in the production or sale of a product or service, by providing a final cut-off date beyond which they cannot be sued.

Statutes of repose vary by state and can range from a few years to several decades. They typically start from the date of the sale or delivery of the product or the completion of the service, rather than from the date of the injury or discovery of the harm.

While a statute of repose can limit a plaintiff's ability to bring a lawsuit, there may be exceptions or tolling provisions that allow for extensions in certain circumstances, such as when the harm was not discoverable until many years later. Additionally, different states may have different statutes of repose for different types of products or services, or may have different rules for when the statute of repose begins to run.

Again, the safest thing to do is to promptly consult with an experienced personal injury attorney without delay- to make sure you understand and don’t miss any applicable time deadlines.

Importance of Expert Testimony to Proving Your Case

In a case involving contaminated eye drops, several types of experts may be needed to prove the case. These experts can provide critical testimony and evidence to establish liability and damages in the case. At Montlick Injury Attorneys, our lawyers will identify and retain the appropriate experts that are needed for your case. 

The following are examples of some of the types of experts that might be needed in a case involving bacteria in eye drops:

  1. Medical experts - Medical experts, including ophthalmologists, optometrists, and other eye specialists, can testify about the medical issues involved in the case, including the effects of the contaminated eye drops on the patients, the standard of care for prescribing and using eye drops, and the treatment and prognosis of the patients.
  1. Microbiology experts - Microbiology experts can provide testimony and evidence regarding the source and type of bacteria found in the contaminated eye drops, the likelihood that the bacteria could have caused the infections, and the steps that could have been taken to prevent contamination.
  1. Product design and manufacturing experts - Experts in product design and manufacturing can provide testimony and evidence regarding the design, manufacturing, and quality control processes used in producing the eye drops, and any defects or deficiencies in those processes that may have led to the contamination.
  1. Regulatory compliance experts - Regulatory compliance experts can provide testimony and evidence regarding the applicable federal and state regulations governing the production and distribution of the eye drops, and whether the manufacturer or other parties involved in the distribution chain complied with those regulations.
  1. Damages experts - Damages experts can provide testimony and evidence regarding the economic and non-economic damages suffered by the patients, including medical expenses, lost wages, pain and suffering, and other losses resulting from the infections caused by the contaminated eye drops.

Overall, the testimony and evidence provided by these experts can be critical in proving liability and damages in a case involving contaminated eye drops, and can help an injured person recover compensation for the harm caused by the defective product.

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