Class Action Lawsuit over Recalled Eye Drops Filed Against EzriCare, EzriRx

A class action lawsuit has been brought against EzriCare, LLC and Ezrirx, LLC, which manufactured and sold recalled eye drops nationwide that were contaminated with bacteria that has caused users to experience vision loss, blindness and life-threatening infections.

The complaint (PDF) was filed by Crystal Roberts in the U.S. District Court for the District of New Jersey on December 1, asking for class action certification to pursue damages on behalf of all purchasers of EzriCare Artificial Tears eye drops, indicating they unknowingly paid for an adulterated product that should have never been on the market.

The eye drops were part of a massive EzriCare Artificial Tears recall first announced by the U.S. Food and Drug Administration (FDA) in February 2023, after at least 55 reports were confirmed involving users who had suffered eye infections after exposure to bacteria in eye drops, with several resulting in permanent blindness and at least one death from a severe bloodstream infection.

This class action lawsuit joins a growing number of individual complaints by consumers pursuing Artificial Tears lawsuits, alleging that bacteria in the eye drops caused a wide range of health problems, including vision loss, eye infections, bloodstream infections and other injuries. Several deaths, as well as a number of users who required surgical removal of their eye, have also been linked to the recalled eye drops.

Roberts indicates she purchased Artificial Tears at her local Walmart in Georgia in June of 2022. At the time, she believed the product to be safe, due to the manufacturers’ marketing and advertising, as well as the product labels.

As a side effect of bacterial contamination in the recalled eye drops, Roberts indicates that she experienced vision loss and other injuries. In addition, she indicates that neither herself or other consumers would have purchased Artificial Tears eye drops if they had known they could be contaminated with bacteria that could cause them to lose their eyesight or even their lives.

“The Product purchased by Plaintiff and Putative Class members was adulterated and contaminated with a ‘very rare strain of Pseudomonas aeruginosa that hasn’t been seen in the U.S. before’,” the lawsuit states. “The presence of Pseudomonas Aeruginosa bacteria in the Product is due to Defendant EzriCare’s violation(s) of Current Good Manufacturing Processes, as identified by the Food and Drug Administration.”

Roberts lawsuit presents claims of violations of New Jersey consumer protection laws, negligent misrepresentation, unjust enrichment, breach of warranty, strict product liability, fraud, fraudulent misrepresentation, failure to warn, manufacturing and design defect, breach of contract and negligence.

According to a recent report by the U.S. Centers for Disease Control and Prevention (CDC), the recalled Artificial Tears eye drops have been linked to 81 cases of bacterial contamination, including multiple reports of vision loss, four reports of consumers requiring removal of an eyeball, and four reports of deaths.