Contaminated Saline and Sterile Water Lawsuit Set for Trial in June 2027

Judge has also directed attorneys involved in the Nurse Assist sterile water lawsuit to meet for settlement talks before the trial gets underway.

A federal judge has established a schedule that could send a South Carolina couple’s lawsuit over contaminated saline and sterile water products to trial in August 2027, involving allegations that manufacturing defects with Nurse Assist SteriCare bottles caused a severe infection, sepsis and other life-threatening complications.

The saline and sterile water lawsuit was brought by Charles and Jamie Crummie in February 2026, pursuing claims against Nurse Assist LLC, Neurovend LLC, doing business as State Side Medical Supply, Amazon.com Inc., Tower Three Partners LLC, BPGC Management LP, Spinnaker International LLC and R Investments LLC as defendants.

According to the complaint, Charles Crummie used SteriCare sterile water for wound care, believing the product was safe and sterile as represented. However, the couple alleges the product was contaminated and caused him to develop a serious infection that progressed to sepsis, shock, fever and streptococcal infection.

The lawsuit claims the defendants were responsible for manufacturing, distributing and selling a medical product that was supposed to remain sterile until use, but allegedly contained defects that allowed bacteria or other contaminants to enter the packaging.

The Crummies maintain that users and medical providers had no reasonable way to detect the contamination before the product was used and were not adequately warned that defects in the packaging could compromise sterility.

Nurse Assist Recall

The lawsuit stems from a nationwide Nurse Assist recall issued in November 2023, involving 0.9% Sodium Chloride Irrigation USP and Sterile Water for Irrigation USP sold in bottles, spray cans, cups and prefilled syringes. The affected products were marketed under Nurse Assist, SteriCare, McKesson, Cardinal, Covidien, Medline and several other brand names, and some were also packaged in medical kits and procedure trays.

Nurse Assist recalled the products after manufacturing and packaging problems raised concerns that the sterile barrier could be compromised, potentially allowing bacteria to contaminate solutions intended for wound irrigation and other medical uses. The FDA warned that exposure to nonsterile saline or water could result in serious infections, including bloodstream, urinary tract and respiratory infections, as well as sepsis and death in severe cases.

Since the recall, a number of contaminated Nurse Assist sterile water lawsuits have been filed against the manufacturer and various different companies involved in distribution of the bottles, and new claims continue to be brought as families learn that infections may have been the result of manufacturing defects.

Nurse Assist Infection Lawsuit Trial

On July 23, U.S. District Judge Sheria Akins Clarke, who is overseeing the Crummies lawsuit, issued a scheduling order (PDF) directing attorneys for the plaintiffs and defendants to begin preparing the case for a potential jury trial.

Under the schedule, plaintiffs must identify the experts they expect to call at trial by November 23, 2026, followed by defendants on January 6, 2027. Discovery must be completed by March 1, 2027, and most motions that could resolve claims or narrow the issues presented at trial must be filed by April 5, 2027.

However, Judge Clarke has also ordered the parties to complete mediation by May 17, 2027, giving both sides an opportunity to determine whether the lawsuit can be resolved through a negotiated settlement before the case reaches a jury.

Mediation typically allows the plaintiffs and defendants to evaluate the evidence developed during discovery, the strengths and weaknesses of their respective positions and the risks associated with taking the case to trial. If an agreement can be reached, the parties may resolve the lawsuit without the additional expense and uncertainty of a jury trial. However, the mediation requirement does not indicate that a settlement is expected or that the parties have already entered into settlement negotiations.

If mediation does not result in a resolution, the lawsuit may be called for jury selection or trial on or after June 14, 2027, or 60 days after any dispositive motions are resolved, whichever occurs later. Once a specific trial date is selected, the court will issue another notice establishing deadlines for final pretrial disclosures, motions concerning what evidence may be presented to the jury, trial briefs and exhibits.

Nurse Assist SteriCare Recall Lawsuits

Product liability lawyers are currently reviewing Nurse Assist infection lawsuits brought by individuals nationwide who used the recalled sterile water and saline solutions and developed infections. Individuals may qualify for compensation if they experienced:

• Sepsis or septic shock
• Bloodstream infections
• Respiratory infections
• Organ failure
• Necrosis or serious wound-related infections
• Prolonged hospital stays or additional surgeries

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