Eye drop class action claims products linked to bacterial outbreak that caused death, blindness

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Eye drop bacteria class action lawsuit overview: 

• Who: Richard Mosley filed a class action lawsuit against Ezricare LLC, Ezrirx LLC, Delsam Pharma LLC, Global Pharma Healthcare Private Ltd. and Aru Pharma Inc. 
• Why: Mosley claims the pharmaceutical companies manufactured and sold now-recalled adulterated and contaminated eye drop products. 
• Where: The class action lawsuit was filed in Kentucky federal court.

EzriCare Artificial Tears and Delsam Pharma Artificial Tears eye drop products are “adulterated and contaminated” with a rare and drug-resistant strain of pseudomonas aeruginosa bacteria, a new class action lawsuit alleges. 

Plaintiff Richard Mosley claims several pharmaceutical companies behind the manufacture, import, label, marketing and sale of the now-recalled eye drop products bear responsibility for the alleged contamination. 

Mosley argues the companies, including Ezricare LLC, Ezrirx LLC, Delsam Pharma LLC, Global Pharma Healthcare Private Ltd. and Aru Pharma Inc., violated current good manufacturing processes with their manufacture and distribution of the eye drops. 

Specifically, Mosley claims the companies distributed the eye drops in multiuse bottles without an adequate preservative and displayed a “lack of proper controls concerning tamper-evident packaging.” 

“These violations, along with the presence of this rare and, in some cases, deadly, bacteria pose a significant and severe health risk to consumers,” the eye drop class action states. 

FDA recommends eye drop recall due to manufacturing process violations

U.S. Food and Drug Administration (FDA) identified the current good manufacturing processes (CGMP) the pharmaceutical companies allegedly violated, according to the eye drop bacteria class action. 

“The FDA highlighted that it recommended Defendant Global Pharma initiate a product recall due to … (CGMP) violations, including lack of appropriate microbial testing, formulation issues … and lack of proper controls concerning tamper-evidence packaging,” the eye drop class action states.

Mosley claims the pharmaceutical companies are guilty of strict product liability, breach of implied and express warranty, negligent misrepresentation and unjust enrichment and violate the Kentucky Consumer Protection Act.

Mosley wants to represent a nationwide class of consumers, excluding only those who purchased the eye drop products in California, who purchased the EzriCare Artificial Tears and/or Delsam Pharma Artificial Tears eye drops since May of last year. 

He demands a jury trial and requests declaratory and injunctive relief along with an award of actual and statutory damages for himself and all class members. 

In another case involving eye drops, Allergan agreed last February to pay almost $30 million to resolve claims the company used anti-competitive moves to increase the price of Restasis eye drops. 

If you or a loved one suffered from a bacterial infection, vision loss, death or other injury after using EzriCare eye drops, you could join an EzriCare lawsuit investigation.

The plaintiff is represented by Bryan Aylstock, Hannah Pfeifler and Maury Goldstein of Aylstock Witkin Kreis & Overholtz; Kiley L. Grombacher, Marcus J. Bradley and Lirit A. King of Bradley Grombacher LLP; and David G. Bryant, Mark P. Bryant and Emily Ward Roark of Bryant Law Center.

The eye drops bacteria class action lawsuit is Mosley, et al. v. Ezricare LLC, et al., Case No. 6:23-cv-00020, in the U.S. District Court for the Eastern District of Kentucky.

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