Settlement Talks in Sterile Water Infection Lawsuit To Be Held in Nov. 2025

Lawsuit alleges contaminated sterile water products caused an Arizona man to develop a life-threatening infection, months before a massive Nurse Assist recall was issued due to damaged bottle seals.

The U.S. District Judge presiding over a sterile water infection lawsuit filed against Nurse Assist, McKesson Corporation and Amazon.com has ordered parties to participate in settlement talks by mid-November 2025, as part of an effort to avoid a lengthy and costly trial.

The case was brought last year by Norman Vallade, of Arizona, who indicates that he used sterile water products manufactured and sold by the companies for wound care after a leg surgery in January 2023. However, after the surgical wound failed to heal properly and developed into a life-threatening infection, Vallade learned months later that the products may have become contaminated due to damaged bottle seals.

Nurse Assist Sterile Water Recall

A Nurse Assist sterile water and saline solution recall was announced by the U.S. Food and Drug Administration (FDA) on November 6, 2023, after the manufacturers discovered the packaging seal may potentially break and compromise the sterile barrier, acknowledging that this could result in bacterial contamination of the solutions.

The same day as the recall, the FDA issued a safety communication warning to healthcare providers and consumers, urging them not to use the recalled sterile water products, due to the risk of contamination and infection.

However, the sterile water recall came too late for many consumers like Vallade, who ended up requiring multiple surgeries and prolonged medical treatments after using the contaminated sterile water products.

Vallade indicates in his complaint that he did not receive a notice of the recall until November 28, 2023, after already suffering severe infection complications. He had been using the water all year, wondering why his wounds would not close, as a necrosis infection had eaten its way deep enough to expose bone.

Eventually, Vallade had to undergo several surgeries to remove the infected tissue and bone, including the attachment of a wound vacuum closure device and plastic surgery to close the wound.

He alleges that McKesson, Nurse Assist and Amazon were negligent in selling a defective product and failing to provide adequate warning about its potential contamination. 

Sterile Water Recall Settlement Talks

Vallade’s lawsuit was assigned to U.S. District Judge Dominic W. Lanza of the District of Arizona, who issued a case management order (PDF) earlier this month outlining how the litigation will proceed and setting key deadlines.

As part of the management of the lawsuit, Judge Lanza directed the parties to engage in “good faith settlement talks” by no later than November 17, 2025.

“Upon completion of such settlement talks, and in no event later than five working days after the deadline set forth in the preceding sentence, the parties shall file with the Court a joint report on settlement talks executed by or on behalf of all counsel,” the order states. “The report shall inform the Court that good faith settlement talks have been held and shall report on the outcome of such talks. The parties shall indicate whether assistance from the Court is needed in seeking settlement of the case.”

Assuming there is no sterile water infection settlement by that point, the 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 Recall Lawsuits Continue To Grow

In addition to Vallade’s lawsuit, 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.