Adam DiSarro is suing five companies – EzriCare LLC, EzriRx LLC, Delsam Pharma LLC, Aru Pharma Inc. – for an infection that caused his blindness. The eye drop lawsuit was filed in the United States District Court of Florida (case number 223-CV-120).
Mr. DiSarro was a Naples firefighter and emergency responder. His left eye was infected with Pseudomonas Aeruginosa bacteria. The bacteria is antibiotic resistant, so the medicine he received did not work. The man had to be admitted to intensive medical care, and he was kept in bed for several days. He was eventually able to eliminate the bacteria, but he suffered long-term side effects such as disfigurement of his left eye, dizziness, headaches, blindness, and blindness.
The Florida man is one of 68 people in 16 states infected with a dangerous strain of Pseudomonas aeruginosa, according to the U.S. CDC.
At least three people have died and eight others have lost vision in at least one eye after they used the eye drops that were made by EzriCare and Delsam Pharma. Those companies recalled some of their product batches in February 2023.
This EzriCare Lawsuit
Mr. DiSarro is suing the companies responsible for selling and making artificial tears contaminated with the bacteria. The contamination led to an outbreak of eye infection in multiple states. The FDA recommended that the products be recalled because the companies had not followed good manufacturing practices.
He will likely need additional medical attention in the future. This could include cornea transplant surgery. Because of the emotional distress he is suffering, he is seeking compensation for his injuries.
The Plaintiff filed a lawsuit against the Defendants on four counts: Count I – Strict Product Liability; Count II – Negligence; Count III – Negligence Per Se; and Count IV Florida’s Deceptive, Unfair Trade Practices Act.
Strict Liability
Eye drops lawsuit in Count 1, Plaintiff claims that the Defendants are involved in manufacturing, selling and distributing artificial tear products and that the product Plaintiff used contained the deadly and harmful bacteria Pseudomonas Aeruginosa. Plaintiff claims the product was dangerous and defective, causing him serious injuries. The Defendants are held strictly responsible for any damage caused.
Negligence
The Plaintiff asserts that the Defendants owed a duty of care to the public to create, manufacture, and market products free from unreasonable risk. Plaintiff claims that he was also injured by the negligence of the Defendants in failing to supervise and monitor their employees and to not comply with safety and health regulations.
Negligence Per Se
In Count III, Plaintiff asserts that the Defendants were negligent per Se because they failed comply with federal and state regulations designed to protect the safety and purity of their products. According to the Plaintiff, the violation of these regulations constitutes negligence per se. He also claims that he is in the protected class by these regulations.
Unfair Trade Practices
In Count IV, Plaintiff asserts that the defendants engaged in deceptive trade practices by knowingly selling and distributing contaminated artificial tear products. Their actions are a direct and proximate reason for the Plaintiff’s harm.
The Plaintiff seeks judgment against the Defendants. This includes past and future economic and/or non-economic damages, costs and attorney’s fees. Punitive damages are also included.
EzriCare Recalls and Other Eye Drops
Three brands of eye drops were recalled by the FDA, one of which has been linked with severe infections, vision loss, or even death.
EzriCare Artificial Eye Tears Lubricant Drops: This product has been associated with severe eye infections and should not be used again. 55 people suffered severe eye infection from the over-the-counter product, leading to one death. The drug-resistant bacteria Pseudomonas Aeruginosa was responsible. EzriCare Artificial Tears were warned by the FDA to avoid possible bacterial contamination on February 2. The CDC has reported that 68 people have been diagnosed in 16 states with VIM-GESCRPA. This rare, highly drug-resistant strain is known to be Pseudomonas aeruginosa. These 16 states include California, Colorado and Connecticut, and Florida. New Jersey. New Mexico. New York. Nevada. Pennsylvania. South Dakota. Texas. Utah. Washington.
Brimonidine Tartrate Ophthalmic Solutions, 0.155%: Apotex Corp. began a voluntary recall of six lots this product on March 1, due to cracks within the caps. Prescription drops are prescribed for patients suffering from open-angle glaucoma and ocular hypertension. No infections have been reported.
Global Pharma Healthcare Artificial Eye Ointment may contain bacteria; however, no infections have been reported.
Purely Soothing 15% MSM drops: Pharmedica USA voluntary recalled two lots this over-the counter product on March 3, due to non-sterility. The product has not been linked to any infection or illness.
Eye infections can cause redness, itching and swelling. They can also lead to pain, sensitivity, vision problems, discharge, itching, or even sensitivity to light. You should immediately see your doctor if you have used these eye drops, and you are experiencing any symptoms that could indicate an eye infection.
What is Pseudomonas Aeruginosa?
Pseudomonas Aeruginosa, a type of bacterium, is common in the environment. It can be found in soil and water. It thrives in wet environments, which is why eye drops are so effective at spreading it. People who work in healthcare can be exposed to the bacteria through their hands and surfaces. This bacterium can cause serious infections in people with weakened immune systems (e.g., those in hospitals).
Over time, Pseudomonas Aeruginosa developed resistance to several antibiotics. Antibiotic resistance is when bacteria become resistant to drugs that were intended to kill them. This can be caused by bacteria acquiring resistance genes that allow them to resist antibiotics or mutations in their DNA making them less vulnerable to these drugs.
What is VIM-GESCRPA?
VIM-GESCRPA is a highly drug-resistant strain Pseudomonas aeruginosa. This is a type of bacterium that is often found in the environment such as soil or water. This is the Pseudomonas Aeruginosa strain found in EzriCare artificial tears.
VIM can be found in all parts of the globe. VIM-CRPA was found in about 200 cases in the United States. This is among the 15,000 samples that were tested between 2017 and 2018. This strain is therefore considered rare.
VIM can pose a serious problem for healthcare facilities, as VIM has become a highly resistant “superbug” in recent years.
VIM-GES-CRPA is a source of healthcare-associated infections, including bloodstream infections, pneumonia, surgical site infections, and urinary tract infections. This strain of bacteria can pose a serious threat to life, particularly for those with compromised immune systems.
