McKesson Sterile Water Lawsuit Filed Against Amazon, Nurse Assist Over Bacterial Wound Infection

Lawsuit contends that the manufacturers delayed issuing a recall of sterile water products sold on Amazon, resulting in a serious infection that resulted in the need for surgeries.

An Arizona man has filed a lawsuit against McKesson Corporation, Amazon.com Services, LLC, and Nurse Assist, LLC, claiming that he developed a life-threatening infection that required multiple surgeries and prolonged medical treatment, after using contaminated sterile water products that were recalled months later.

The complaint (PDF) was originally brought late last year by Norman Vallade in the Superior Court of Arizona for Yavapai County, seeking to hold the defendants accountable for distributing and selling a defective medical product, which Vallade contends was unsafe for its intended use. However, the lawsuit was removed to the U.S. District Court for the District of Arizona last month.

Vallade indicates that the contaminated sterile water was used after he underwent reconstructive foot surgery on January 11, 2023, which required extensive wound care. Shortly after his surgery, Vallade purchased a case of 48 100mL bottles of McKesson Sterile Water for Irrigation USP from Amazon’s online storefront.

Although the sterile water was sold under the McKesson brand name, the product was manufactured by Nurse Assist, and marketed as a safe and effective treatment for wound irrigation. However, it has since been discovered that products distributed throughout the U.S. around the time of Vallade’s procedure may have been contaminated.

Vallade began using the sterile water to clean his surgical wounds on January 14, 2023. However, by May 31, 2023, his surgical wound failed to heal properly and developed necrosis, with the infection progressing to the point that bone was exposed. Over the following months, Vallade underwent multiple surgeries, including the attachment of a wound vacuum closure device and plastic surgery to close the wound. Despite these efforts, his condition worsened.

By October 2023, Vallade began experiencing severe symptoms of infection, including swelling, redness and a high fever. Given his status as a type 1 diabetic and immunocompromised individual, these symptoms were particularly concerning. He was admitted to the hospital on October 26, 2023, where doctors performed three additional surgeries to remove infected tissue and bone.

Nurse Assist Recall Announcement Came Too Late

Weeks later, on November 6, 2023, while Vallade was still recovering, Nurse Assist issued a recall for certain lots of McKesson Sterile Water, including the batch he had purchased and used for wound care. That same day, the FDA issued a safety communication warning healthcare providers and consumers not to use the recalled sterile water products, due to the risk of bacterial contamination from a compromised sterile barrier.

The lawsuit claims that neither Amazon nor Nurse Assist provided a timely warning to consumers about the recall. Vallade indicates that he did not receive an email notification about the McKesson sterile water recall from Amazon until November 28, 2023, after he had already suffered severe complications from the infection.

The complaint alleges that McKesson, Nurse Assist and Amazon were negligent in selling a defective product and failing to provide adequate warning about its potential contamination. Vallade asserts that the product was defectively manufactured and unreasonably dangerous, that Nurse Assist and Amazon failed to notify him about the recall in a timely manner, that the defendants neglected to ensure the sterility and safety of the product, and that the sterile water was sold with an implied warranty of sterility despite being contaminated.

The lawsuit seeks damages for Vallade’s medical expenses, pain and suffering, loss of income and other related damages.

Sterile Water Recall Lawsuits Continue To Grow

The recall of Nurse Assist sterile water products 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 McKesson 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 McKesson sterile water, free consultations are available to discuss potential claims and avenues for compensation.