Amazon, McKesson Indicate Nurse Assist To Blame in Contaminated Sterile Water Lawsuit

Defendants named in an infection lawsuit over contaminated sterile water products have filed answers and cross-claims, pointing fingers at each other.

Nurse Assist, Amazon and McKesson Corporation have each filed separate answers to a sterile water lawsuit brought earlier this year, responding to allegations that contaminated products used during wound care treatments caused devastating infections, with Amazon and McKesson also asserting cross-claims against Nurse Assist, indicating that the manufacturer is entirely to blame for problems caused by the recalled products.

The litigation stems from a November 2023 Nurse Assist recall issued by the U.S. Food and Drug Administration (FDA), after it was discovered that packaging seals on certain sterile water and saline solution products could break, compromising sterility and allowing bacterial contamination. The FDA also issued a safety communication at that time, urging healthcare providers and consumers to avoid using the affected Nurse Assist products.

Since the recall, multiple sterile water and saline lawsuits have been filed by individuals who claim they contracted serious, and in some cases life-threatening, infections after using the contaminated sterile water or saline for wound care and other medical purposes, both in hospitals and at home.

Lawsuit Alleges Defective Seals on Sterile Water Caused Infections

One of the complaints (PDF) was brought by Norman Vallade, seeking to hold Nurse Assist, McKesson and Amazon accountable for manufacturing, distributing and selling a defective medical product that he used following a reconstructive foot surgery in early 2023.

Vallade indicates that after using the contaminated sterile water to clean his surgical wounds, he developed necrosis, with the infection progressing to the point that bone was exposed. As a result of the problems, Vallade underwent multiple surgeries, including the attachment of a wound vacuum closure device and plastic surgery to close the wound.

Months later the life-threatening infection returned, causing him to be hospitalized again, and requiring three additional surgeries to remove infected tissue and bone.

While Nurse Assist was responsible for producing and packaging the sterile water and saline, Vallade also included claims against McKesson, a major medical supply distributor, and Amazon, which sold the supposedly sterile water products online. 

In response to the lawsuit, Amazon and McKesson now indicate that any liability for the sterile water infection lies solely with Nurse Assist, citing its control over manufacturing. Nurse Assist, in turn, has suggested that distribution practices, particularly by McKesson, may have contributed to damage of the packaging seals, raising questions over whether other parties also played a role in the compromised sterility.

Vallade’s case is currently being overseen by U.S. District Judge Dominic W. Lanza in the District of Arizona, who has ordered the parties into settlement talks by mid-November 2025.

However, in answers to the lawsuit from both Amazon.com and McKesson Medical-Surgical Inc. (MMS), both companies deny any responsibility for Vallade’s injuries or the defective nature of the recalled Nurse Assist sterile water products. In addition, both companies filed multiple cross-claims against Nurse Assist, and each other, for actions that led to them being included in the litigation.

“If Plaintiff suffered injuries or damages as alleged, those injuries or damages were caused in whole or in part by the actions, omissions, or negligence of Nurse Assist, LLC. To the extent Amazon is found liable to Plaintiff, which Amazon denies, Amazon is entitled to contribution from Nurse Assist, LLC in an amount proportionate to Nurse Assist, LLC’s responsibility for Plaintiff’s alleged injuries and damages.”

–Amazon’s answer and defenses to Plaintiff’s amended complaint (PDF), filed June 3, 2025

McKesson’s affirmative defense and answer (PDF), issued on June 13, carried similar cross claims against Nurse Assist and Amazon for both contribution and indemnification, and Amazon has done likewise.

Nurse Assist’s answer (PDF) denies both of the other companies’ allegations, claiming that any damage occurred while its products were being distributed by McKesson.

“The product at issue was damaged or altered while in MMS’s care and possession,” Nurse Assist’s attorneys wrote. “If Nurse Assist is found liable, Nurse Assist is entitled to full indemnification from MMS for any and all damages, attorneys’ fees, and costs incurred as a result of this lawsuit.”

Assuming the parties fail to reach a sterile water infection settlement after the November discussions, the court’s pretrial schedule calls for fact discovery to be completed by January 12, 2026, and expert depositions to be done by April 30, 2026. Dispositive motions are due May 11, 2026. Judge Lanza has not yet set a trial date.  

Sterile Water Infection Lawsuits

The Nurse Assist sterile water recall has led to multiple reports of adverse events and infections. Given the manufacturer’s failure to ensure product sterility, sterile water recall lawsuits are now being pursued nationwide against Nurse Assist and other distributors of the contaminated products.

Individuals who used the recalled sterile water or other Nurse Assist sterile water products and developed infections may be eligible for financial compensation. Lawyers are investigating claims from patients who suffered from:

• Sepsis or septic shock
• Bloodstream infections
• Respiratory infections
• Organ failure
• Necrosis or severe wound infections
• Extended hospitalizations and additional surgeries

As litigation progresses, more individuals are expected to step forward with similar claims against Nurse Assist and other entities responsible for distributing the recalled sterile water.

For those affected by the contaminated sterile water, free consultations are available to discuss potential claims and avenues for compensation.