Napoli Shkolnik Files Complaint Against Manufacturers of Artificial Tear Products Linked to Bacterial Infections

NEW YORK--(BUSINESS WIRE)--#NapoliShkolnik--Napoli Shkolnik filed a lawsuit today on behalf of Marc Sherman against Ezricare LLC; Ezrirx LLC; Delsam Pharma LLC; Global Pharma Healthcare Private Ltd, Aru Pharma Inc. and Amazon.com, Inc.

The complaint, filed in the Supreme Court of the State of New York County of Bronx, claims that Defendants’ artificial tears products, EzriCare and Delsam, are adulterated and contaminated with “a rare, extensively drug resistant strain of Pseudomonas Aeruginosa bacteria” and caused Mr. Sherman’s vision loss requiring him to have surgery.

“We filed this lawsuit in the Bronx, where one of the main manufacturing defendants, Delsam Pharma LLC, has its main headquarters. This will be a great forum to hold all of the defendants responsible for the injuries they caused this young man,” said Christopher R. LoPalo, Napoli Shkolnik Partner.

Both the Food and Drug Administration and the Centers for Disease Control and Prevention are advising against the use of EzriCare Artificial Tears, as they may be linked to an outbreak of Pseudomonas aeruginosa, causing a series of serious bacterial infections, vision damage and even death. The CDC has identified at least 55 people infected with Pseudomonas aeruginosa, bacterial infections.

The product was additionally linked to hospitalization and blindness. Pseudomonas are a type of bacteria commonly found in soil or water, while Pseudomonas aeruginosa can be responsible for the infection of the lungs, blood and other parts of the body in humans, particularly post-surgery, according to the CDC.

The presence of the Pseudomonas Aeruginosa bacteria in Defendants’ EzriCare and Delsam Pharma Artificial Tears products is due to Defendants’ violation of Current Good Manufacturing Processes (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.” These violations, along with the presence of this rare and, in some cases, deadly, bacteria pose a significant and severe health risk to consumers, such as Plaintiff, who purchased and used Defendants’ Products.

About Napoli Shkolnik

Napoli Shkolnik is a national litigation firm providing representation to persons in class action lawsuits and complex commercial cases, as well as victims of defective prescription drugs and medical devices, environmental contamination disasters, aviation accidents, asbestos-related illnesses, and other serious personal injury matters.

For media interviews and additional information:
Maria Hayashi
Marketing Director
Napoli Shkolnik PLLC
(212) 397-1000 Ext.1006 | MHayashi@NapoliLaw.com
360 Lexington Avenue, Eleventh Floor, New York, NY 10017