EzriCare Eye Drops Class Action: Permanent Vision Loss Alleged, Latest Lawsuit in Series

CDC Warns Against EzriCare Tears: Linked to 50+ Eye Infections, 1 Death

Consumers Claim Popular Eye Drops Caused Serious Eye Infections and Vision Problems

Following a wave of consumer complaints and a nationwide recall, EzriCare Artificial Tears are again under fire. A new lawsuit filed in New Jersey accuses the manufacturer, EzriCare LLC, of selling eye drops contaminated with bacteria that caused severe eye infections, permanent vision loss, and even death in some cases.

It is at least the third proposed class action lawsuit filed against the company since it had to issue a recall of its EzriCare and Delsam Artificial Tears eye drops in February 2023 after the Food and Drug Administration found they had “bacterial contamination.” 

In the recall, the agency said “using contaminated artificial tears increases risk of eye infections that could result in blindness or death.”

Lawsuit Details Devastating Eye Injuries

In the latest lawsuit, Massachusetts local Conceicao Gouveia claims she began using EzriCare Artificial Tears in May 2022 and by January 2023, she experienced a range of concerning symptoms, including redness, itching, and blurred vision. 

These issues escalated, and she was later diagnosed with dry eye syndrome, double vision, and other vision problems, including ocular headaches and posterior vitreous detachment. The lawsuit alleges these injuries are "debilitating and permanent" and significantly impact Gouveia's daily life.

“As a result of Plaintiff’s use of EzriCare Artificial Tears, she developed serious ocular irritation, which caused her vision to be blurred and/or diminished as well as extreme discomfort,” the lawsuit states. “Plaintiff’s injuries are debilitating and permanent in nature.”

EzriCare Recall and Potential Link to Pseudomonas Aeruginosa

The lawsuit sheds light on the FDA's recall of EzriCare and Delsam Artificial Tears in February 2023. The FDA cited concerns about bacterial contamination, specifically with the presence of Pseudomonas Aeruginosa. This bacteria can cause serious eye infections, potentially leading to permanent vision loss or even blindness.

In February 2023, the FDA recommended the recall saying EzriCare was violating the administration’s current good manufacturing practice (CGMP), including lack of appropriate microbial testing, formulation issues (the company manufactures and distributes ophthalmic drugs in multi-use bottles, without an adequate preservative), and lack of proper controls concerning tamper-evident packaging.

As of March 2023, out of the 68 individuals identified as having been infected with the Pseudomonas Aeruginosa bacteria from use of the eye drops, eight people had suffered permanent vision loss, four people had to have their eyeballs removed, and three people died due to systemic infection, the lawsuit states.

Gouveia's Lawsuit Not the First

Since the recall was issued, a number of lawsuits have been issued. Crystal Roberts filed a class action lawsuit in December, saying she was rushed to the hospital and suffered permanent damage after buying the eye drops from Walmart and using them. 

In February 2023, Richard Mosley filed a class action lawsuit saying he had suffered economic loss from buying the products, and wanted his money back. 

The first lawsuit following the recall was filed by Teresa Phillips in Florida, who said she felt "itchy" and had "unrelenting pain in her eyes” after using the eye drops and had to have surgery to help with her symptoms. 

What You Should Do If You Used EzriCare Eye Drops

If you used EzriCare or Delsam Artificial Tears and experienced vision problems or eye irritation, seek immediate medical attention. Early diagnosis and treatment of Pseudomonas Aeruginosa infections are crucial to minimize potential damage. If your doctor confirms an infection, you may be eligible to join the class-action lawsuit or take individual legal action.

Protecting Your Eyes: Safe Eye Drop Use Tips

  • Always check the expiry date before using eye drops.
  • Inspect the seal for integrity before use.
  • Store eye drops according to package instructions (usually cool and dry).
  • Avoid touching the tip of the dropper with your hands or surfaces.
  • Follow usage instructions from your doctor or the packaging.
  • Regularly check for eye drop recalls.
  • Consult your doctor for any eye problems.

By following these tips, you can help ensure the safe and effective use of eye drops.

In the Ezricare eye drops class action lawsuit, Gouveia is seeking damages, including past and future medical and incidental expenses, past and future loss of earnings and/or earning capacity, past and future general damages, to include pain and suffering, emotional distress and mental anguish, interest, costs, and more.

Case Details

  • Lawsuit: Gouveia v Ezricare LLC
  • Case Number: 3:24-cv-06102
  • Court: U.S. District Court for the District of New Jersey

Plaintiffs' Attorney:

  • Joshua M. Neuman (Pogust Goodhead LLC)