Two different eye drop brands, Pharmedica and Apotex, have issued voluntary recalls of certain products due to potential contamination issues. The FDA has issued its own recall alerting consumers to the risks of eye infection associated with using these products. This comes on the heels of a massive recall of EzriCare eye drops, which were linked to a multi-state cluster of antibiotic-resistant infections. While the EzriCare outbreak is not related to the new recalls, it does emphasize the importance of ensuring that eye drop products are produced and distributed in such a way that they remain sterile.
If you have developed an eye infection after using Ezricare eye drops, you should consult a product liability attorney to discuss your legal options. You may be able to recover damages for your physical, emotional, and financial losses related to your eye infection. This can be accomplished most effectively with the support of a qualified product liability attorney. Product liability lawyers can provide clarity concerning the personal injury claims process, manage administrative duties, analyze evidence, communicate with other involved parties, and negotiate for maximum compensation.
Defects With Eye Drop Solution and Packaging Linked to Serious Eye Infection
In the case of Pharmedica’s Purely Soothing 15% MSM Drops, the company has issued a voluntary recall over concerns that the eye drops could cause eye infections that could result in blindness. This product is intended to soothe irritated or dry eyes. Thus far, two lots have been recalled, which amounts to about 2,900 bottles of Pharmedica’s over-the-counter solution. The FDA has warned consumers that they should stop using these products immediately and return them to the store where they were bought, so the distributor can dispose of them safely.
Similarly, the FDA has issued a warning about Apotex’s Brimonidine Tartrate Ophthalmic Solution, 0.15% eye drops. The Apotex eye drops are intended to alleviate issues related to glaucoma and ocular hypertension. Apotex has also issued a voluntary recall for their Brimonidine Tartrate Ophthalmic eye drops because multiple bottle caps have cracked, compromising their sterility.
As in the EzriCare cases, the makers of these defective eye drops are likely to face product liability lawsuits from users who sustained injuries as a result of using these defective products to treat their eye conditions. Plaintiffs may be entitled to recover compensation for medical bills, lost wages, loss of quality of life, and other damages related to their eye infections caused by Pharmedica or Apotex’s products.
Recovering Damages in an Ezricare Defective Eye Drop Lawsuit
Even temporarily, loss of vision can be incredibly disruptive to a person’s daily routine and responsibilities. Eye drop users who have contracted infections from Ezricare's products may be unable to perform their jobs, drive, study, or navigate life independently. This can lead to frustration, isolation, and even depression. Additionally, treating these infections often entails a number of financial costs, such as transportation to doctors’ appointments or purchasing a guide dog.
When someone is injured because of another party’s negligence, they should not have to shoulder the burden of the financial, physical, and emotional costs associated with their injuries. A product liability lawsuit provides an injured plaintiff with the opportunity to seek compensatory damages to alleviate these costs. Compensatory damages can be categorized as economic, in which case they offer relief for monetary losses, or non-economic damages. Non-economic damages acknowledge emotional losses.
Examples of Damages in a Product Liability Lawsuit:
- Medical bills
- Medication
- Surgery
- Lab tests
- Imaging
- Job-related losses
- Lost wages
- Job retraining
- Reduced earning potential
- Missed promotions
- Loss of quality of life
- Pain and suffering
- Home modifications
How much your settlement is worth will depend on how your injury has impacted your life, specifically, in regard to things like your job, lifestyle, hobbies, and mental health. For example, if you were a construction worker who developed an eye infection after using Pharmedica’s Purely Soothing 15% MSM Drops, you would not be able to work while the infection impaired your vision, causing you to lose wages.
As a result, you might be delinquent on your rent or car payment, and struggle to afford other basic necessities. In the event that your sight loss became permanent, you may be forced to find a new career entirely, give up your reading hobby, and rely on someone else to drive you everywhere. A product liability attorney will thoroughly document the losses you have sustained and contextualize them properly to ensure that you receive minimum compensation for your damages.
Establishing Liability and Seeking Compensation in an Ezricare Defective Eye Drop Lawsuit
Product liability lawsuits fall under personal injury law. For plaintiffs to be able to recover compensation in a personal injury lawsuit, they need to show that they were owed a duty of care by the defendant and that the defendant’s failure to take reasonable precautions breaches their duty. Then, the breach of duty must be connected to the plaintiff’s injuries, and finally, their injuries must be linked to the damages they are claiming. In addition to the requirements for establishing fault in a personal injury claim, a product liability lawsuit must meet other criteria.
In this case, plaintiffs will have to prove that the defective eye drops were manufactured, designed, or distributed in a way that compromised their function when used as directed, which is to treat eye conditions without causing infection. Ezricare eye drops were found to be contaminated with serious bacteria. The cause for this contamination is under investigation but issues with manufacturing, packaging, and even design can be considered negligent on Ezricare's part and make them liable in a product liability lawsuit.
If you have developed a serious eye infection after using Ezricare eye drops, you should consider pursuing compensation in a product liability lawsuit. Hiring a personal injury lawyer should be your next step in this agenda after seeking medical assistance. They will be able to account for your current and future losses related to your injury, collect evidence to establish liability, and masterfully negotiate to obtain maximum compensation for your damages.