Global Pharma recalled eyedrops in February after they were tied to a drug-resistant bacteria strain that has since been linked to at least four fatalities.
According to a report in The New York Times, two brands of eyedrops were pulled from shelves early this year after four people died from bacterial infections tied to the eyedrops. Two other types of eyedrops were recalled weeks after that first recall because they posed a different contamination risk.
Another 26 eyecare products were pulled from stores in late October after the U.S. Food and Drug Administration (FDA) found unsanitary conditions at a manufacturing plant. Here is what you need to know about these eyedrop recalls and the precautions you can take to protect yourself from the dangerous and potentially defective products.
Which Eyedrops Have Been Recalled?
The FDA has warned the public against using 26 eyecare products, including eyedrops and gels from CVS Health, Leader, Rugby, Rite Aid, Target, up&up, and Velocity Pharma. In January, the Centers for Disease Control and Prevention (CDC) and the FDA warned people to stop using EzriCare Artificial Tears and Delsam Pharma’s Artificial Tears after the eyedrops were linked to a drug-resistant strain of the bacteria Pseudomonas aeruginosa.
As of May 15, infections from this bacteria strain had caused at least four people’s deaths. They were also linked to loss of vision in 14 others, and the surgical removal of four people’s eyeballs. Global Pharma, which makes EzriCare and Delsam Pharma’s eyedrops, recalled both products in February.
The CDC said that as of May 15, the drug-resistant bacteria strain linked to the recalled EzriCare and Delsam eyedrops had been found in 81 people in 18 states. Officials say the best way to find out if you have eyedrops included in the recall is to review the recall notice provided by each company, which has details on which batch of each product was affected.
Defective Products and Loss of Vision
Defective products can pose severe risks to consumers. Regarding items related to eye care, the consequences can be particularly dire, including the potential for a loss of vision. Products such as contact lenses, eye drops, eyeglasses, or even medical devices can be implicated in cases where defects occur.
For instance, a defect in eyedrops, contact lenses, or cleaning solutions might lead to eye infections or other complications, risking serious harm to the eyes, including vision loss. Inadequately designed or manufactured eyeglasses may cause discomfort or exacerbate existing vision issues.
Additionally, defects in medical devices used in eye surgeries or treatments could have devastating consequences.
The loss of vision due to defective products affects an individual’s quality of life and can result in significant emotional and financial burdens. Victims may pursue legal action against the manufacturers or distributors of defective products.
Product liability laws are designed to hold responsible parties accountable for injuries caused by their products, ensuring that consumers receive compensation for medical expenses, rehabilitation, lost wages, and pain and suffering.
Damages in Defective Product Cases
In defective product cases, damages are the monetary compensation awarded to a plaintiff to cover losses or injuries resulting from the defective product. The types of damages that may be awarded in such cases can vary depending on the nature and extent of the harm caused. Here are some common categories of damages in defective product cases:
Compensatory damages: These are intended to compensate the plaintiff for the actual losses suffered due to the defective product. Compensatory damages can be further divided into economic and non-economic damages. Economic damages cover quantifiable financial losses such as medical expenses, lost wages, and property damage. Non-economic damages, on the other hand, address more subjective losses like pain and suffering, emotional distress, and loss of enjoyment of life.
Punitive damages: In cases where the defendant’s conduct is deemed especially reckless or egregious, punitive damages may be awarded. The purpose of punitive damages is to punish the wrongdoer and deter similar conduct in the future. These damages go beyond compensating the plaintiff and are meant to send a message that such behavior will not be tolerated.
Medical expenses: Plaintiffs in defective product cases often incur significant medical costs for treating injuries caused by the defective product. Damages may cover past and future medical expenses, including surgeries, rehabilitation, therapy, and medication.
Lost wages: If the plaintiff is unable to work or experiences a reduction in earning capacity due to the injuries caused by the defective product, damages may include compensation for lost wages or diminished earning capacity.
Wrongful death damages: In the tragic event that a defective product leads to a fatality, wrongful death damages may be awarded to compensate surviving family members for their losses, including funeral expenses, loss of financial support, and emotional distress.
Contacting an Experienced Product Defect Lawyer
Hiring a knowledgeable product liability lawyer is crucial if a defective product has caused you harm. Looking for an attorney with a proven track record in handling defective product cases is important. They should possess a deep understanding of product liability laws, have successfully pursued similar claims, and be well-versed in dealing with manufacturers and insurance companies.
An experienced attorney will guide you through the legal process, assess the merits of your case, gather evidence, negotiate on your behalf, and, if necessary, litigate to ensure you receive fair compensation for damages incurred as a result of the defective product.
Bisnar Chase has an outstanding track record in product defect cases. Our firm has a 99% success rate, with more than $800 Million won for our clients. Contact us now for a free consultation.
