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EzriCare & Delsam Pharma Artificial Tears Lawsuits

EzriCare and Delsam Artificial Tears lawsuits claim that recalled EzriCare and Delsam eye drops can cause bacterial infections, leading to vision damage or even death. As of March 2025, several injury and class action lawsuits have been filed, but many lawyers have stopped accepting new ones.

Last Modified: March 12, 2025
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Overview of EzriCare & Delsam Pharma Artificial Tears Lawsuits

Plaintiffs have been filing lawsuits against EzriCare and Delsam Pharma, claiming they contracted bacterial infections by using the company’s artificial tears. This bacterium, a rare antibiotic-resistant strain of Pseudomonas aeruginosa, has caused serious issues in patients who contracted the infection after using artificial tears. It has led to vision problems, eye surgery, blindness and even death.

These lawsuits began shortly after the CDC reported that EzriCare artificial tear users nationwide had contracted Pseudomonas aeruginosa infections. Plaintiffs are seeking refunds for the cost of the products and compensation for injury.

Global Pharma Healthcare is the manufacturer of EzriCare and Delsam Pharma artificial tears.

EzriCare & Delsam Pharma Artificial Tears Lawsuit Updates

As of March 2025, EzriCare and Delsam Pharma Artificial Tears hadn’t been consolidated into multidistrict litigation. People filed the first lawsuits shortly after the EzriCare recall in February 2023. So far, no approved settlements or jury trials have been scheduled, and plaintiffs continue to file new lawsuits.

However, lawyers familiar with the claims have told us there are potential settlement talks in these cases. Therefore, litigation could wrap up soon. Most attorneys are no longer accepting these cases.

Eye drop lawsuit updates include:
  • November 2024:
    According to lawyers we talked to, this litigation is slowing down, and most law firms have stopped accepting these cases. Over the past few months, EzriCare has tried to dismiss lawsuits and, so far, has been unsuccessful.
  • June 2024:
    A New Jersey federal judge dismissed Amazon as a defendant from Plaintiff Deborah Hartwell’s EzriCare lawsuit. This is because she didn’t show that the New Jersey court had jurisdiction over the company.
  • January 2024:
    Georgette Castner, the New Jersey District judge in Roberts v. Ezricare, granted the plaintiffs leave to file an amended complaint.
  • December 2023:
    Crystal Roberts filed a class action complaint against EzriCare LLC and EzriRx LLC. She demanded a refund for the purchase price of the eye drops.
  • May 2023:
    CDC reported 81 infections in 18 states, with 14 patients reporting vision loss. Four patients had their eyeballs surgically removed, and four patients died.
  • March 2023:
    Riley Kerkhoff filed an EzriCare lawsuit in New Jersey after he bought EzriCare eye drops from Amazon. He suffered eye and vision damage that could be permanent.
  • March 2023:
    CDC reported 68 drug-resistant Pseudomonas aeruginosa infections in 16 states, one report of death and eight reports of vision loss. Urinary tract and lung infections were also reported.
  • February 2023:
    Teresa Phillips filed one of the first individual EzriCare injury lawsuits in Florida after she had to have eye surgery for eye infection complications. Richard Mosley filed the first EzriCare class action in Kentucky. He demands refunds for the full purchase price of EzriCare products. Global Pharma issued a voluntary recall for all unexpired lots of EzriCare Artificial Tears and Delsam Pharma’s Artificial Tears. Additionally, the FDA issued a Safety Communication warning consumers to stop using these products. At the FDA’s request, Global Pharma recalled Delsam Pharma’s Artificial Eye Ointment.
  • January 2023:
    CDC reported 55 drug-resistant Pseudomonas aeruginosa infections in 12 states linked to EzriCare Artificial Tears.
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At one time, lawyers expected a high volume of artificial tears lawsuits. However, legal experts say the litigation could be slowing down. Other defendants named in lawsuits are retailers, including Walmart and Amazon.

EzriCare Lawsuit Claims
Three Causes of Action
  • Failure to Warn
  • Manufacturing Defects
  • Negligence
  • Failure to Warn
  • Defendants didn’t have adequate warnings and/or instructions about Pseudomonas aeruginosa
  • Defendants knew or should have known the product was contaminated
  • Manufacturing Defects
  • Defendants violated Current Good Manufacturing Practices, a set of FDA regulations to ensure product quality and safety. The defendant did not properly test its products for bacteria
  • EzriCare Artificial Tears failed to perform safely when used by plaintiffs
  • Defendants didn’t test the product for contamination before selling it
  • Why People Filed EzriCare and Delsam Eye Drops Lawsuits

    People filed EzriCare and Delsam eye drop lawsuits for eye infections they contracted after using EzriCare or Delsam Artificial Tears infected with bacteria. According to complaints, some plaintiffs underwent treatment with antibiotics for months and even had surgery. However, they continued to experience vision damage.

    The Centers for Disease Control and Prevention investigated a multi-state outbreak of the Carbapenem-resistant Pseudomonas aeruginosa (CRPA). Between May 17, 2022, and Jan. 19, 2023, the investigation found that most people who had CRPA infections said they used EzriCare Artificial Tears or Delsam Artificial Tears.

    Lab tests revealed that opened EzriCare Artificial Tears bottles contained the rare CRPA strain infecting these patients. Lawyers filed the first lawsuits shortly after EzriCare issued a voluntary recall for its artificial tears in February 2023.

    As of its last reported update on May 15, 2023, the CDC had received reports of 81 cases of CRPA across 18 states. Of those cases, 14 people reported vision loss, and four people died after using Ezricare or Delsam eye drops.

    What Bacteria Is Named in Artificial Tears Lawsuits?

    The type of infectious bacteria named in EzriCare Artificial Tears lawsuits is Pseudomonas aeruginosa. This bacterium is common and can live in moist places like damp soil, ponds and sinks. It can cause blood and lung infections and infect surgical wounds, although healthy people are generally unaffected. Infection is especially common in clinical settings.

    According to the CDC, EzriCare Artificial Tears samples contained rare strand of drug-resistant Pseudomonas aeruginosa, called Carbapenem-resistant Pseudomonas aeruginosa. Carbapenems are strong antibiotics designed to fight bacteria resistant to other types of antibiotics.

    CRPA resistance to carbapenems makes this strain of bacteria extremely difficult to treat. Those infected may require months of therapy with various types of antibiotics.

    “I tell people that call in that they’ve got to get tested for this specific bacterial infection. Unless it is Pseudomonas aeruginosa, we can’t help them with a case.”
    Trent B. Miracle, products liability and mass torts attorney.

    Who Qualifies for an EzriCare or Delsam Eye Drop Lawsuit?

    Anyone who used EzriCare or Delsam Pharma artificial tears and suffered an eye infection, vision loss or other injuries caused specifically by Pseudomonas aeruginosa may qualify for an EzriCare lawsuit.

    Lawyer Trent Miracle explains who qualifies for an EzriCare or Delsam eye drop lawsuit.

    Symptoms of eye infections include itchy and painful eyes. If you or a loved one used EzriCare or Delsam Pharma artificial tears and have symptoms of an infection, see a doctor as soon as possible. Late treatment could increase the risk of infection-related complications.

    Each state has time limits to file a lawsuit, and litigation may soon end, according to lawyers Drugwatch spoke with. If you’re unsure if you qualify, consider contacting a lawyer immediately to preserve your right to hold manufacturers accountable.

    People Who Filed EzriCare or Delsam Artificial Tears Lawsuits

    People injured by using contaminated EzriCare or Delsam Artificial Tears have filed class action and individual lawsuits.

    In EzriCare class action lawsuits, plaintiffs are demanding refunds for the product’s purchase price.

    Plaintiffs in individual injury lawsuits demand compensation for EzriCare-related infections and eye problems.

    EzriCare and Dalsam Pharma Artificial Tears Case Studies

    Drugwatch examined lawsuits filed by Crystal Roberts, Richard Mosley and Teresa Phillips. These cases are examples of EzriCare lawsuits. Your case may have different causes of action and a different outcome.

    In December 2023, Crystal Roberts filed a class action lawsuit against EzriCare and EzriRx. Roberts purchased EzriCare Artificial Tears in June 2022 from Walmart. After using the product, she was rushed to the hospital and suffered permanent damage, according to the lawsuit.
    Roberts is demanding that the defendants refund the product’s price to her and the other class members.

    Richard Mosley filed an EzriCare Artificial Tears class action lawsuit in Kentucky. He demanded a refund for the cost of the defective product for himself and others who purchased the eye drops. Mosley’s complaint says EzriCare’s products were contaminated because they violated the U.S. Food and Drug Administration’s Current Good Manufacturing Practice regulations.

    “The presence of the Pseudomonas Aeruginosa bacteria in Defendants’ EzriCare and Delsam Pharma Artificial Tear products is due to Defendants’ violation of Current Good Manufacturing Practices (as identified by the Food and Drug Administration), including ‘lack of appropriate microbial testing, formulation issues (the company manufactures and distributes ophthalmic drugs in multiuse bottles, without an adequate preservative), and lack of proper controls concerning tamper-evident packaging,’” according to Mosley’s complaint.

    Teresa Phillips sued EzriCare in a Florida court after she used the company’s artificial tears and weeks later, in May 2022, got an eye infection. Phillips’ optometrist prescribed antibiotics, but the infection wouldn’t go away.

    Her primary care doctor sent her to an infectious disease specialist after a test revealed the bacteria was Pseudomonas aeruginosa. Phillips spent months on three different antibiotics because none of them were helping the infection. Eventually, she needed eye surgery. Even after treatment, Phillips isn’t sure what complications she may continue to face.

    EzriCare and Delsam Eye Drop Recal

    Global Pharma issued the EzriCare and Delsam Pharma artificial tears recall on Feb. 2, 2023. On Feb. 22, 2023, Global Pharma also initiated a recall for Delsam Pharma’s Artificial Eye Ointment because of potential bacterial contamination.

    Side effects for artificial tears are usually mild and may include irritation or allergic reactions. Bacterial contamination is not a typical side effect. Typically, EzriCare Artificial Tears ingredients are considered safe.

    The CDC and the FDA worked together to investigate multi-state infections. Assessments of whether CRPA is present in sealed bottles of EzriCare Artificial Tears occurred.

    EzriCare Artificial Tears ingredients include:
    • Carboxymethylcellulose sodium 10 MG in 1 ml
    • Boric acid
    • Potassium chloride
    • Sodium chloride
    • Calcium chloride dihydrate
    • Magnesium chloride
    • Sodium chlorite
    • Sodium hydroxide
    • Water for injection

    In July 2024, researchers published their findings in an article in the Clinical Infectious Diseases Journal. Researchers determined bacteria from infected patients was present in opened and unopened bottles of EzriCare Artificial Tears. In the study, researchers only refer to the product as “Brand A.” However, data from CDC reports regarding EzriCare products is consistent with Brand A data mentioned in the study.

    EzriCare and Delsam eye drops are not the only eye products facing controversy. In September 2023, the FDA issued a warning letter to companies about other eye products that were illegally marketed and had quality issues. The FDA said its investigation of eye products was ongoing, and “the agency may take additional regulatory or enforcement actions, as warranted.”

    In October 2023, the agency warned consumers to stop using certain over-the-counter eye products because of the potential risk of eye infections that could cause partial vision loss or blindness. The warning was followed by two voluntary recalls initiated by Kilitch Healthcare India Limited and Cardinal Health Inc. in November 2023. In January 2024, Kilitch updated its products with corrected national drug codes (NDC), which are product identifiers for human drugs. Initially, the company had listed the wrong NDC for lubricant gel drops in its press release concerning recalls.

    Editor Lindsay Donaldson contributed to this article.

    Please seek the advice of a medical professional before making health care decisions.