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A drug-resistant Pseudomonas aeruginosa has now killed four people and infected more than eighty others across more than a dozen states.
In February, the Centers for Disease Control and Prevention (CDC) and Food and Drug Administration (FDA) warned patients and clinicians to stop using EzriCare or Delsam Pharma’s Artificial Tears products after one death from an infection and reactions in dozens of patients, some who experienced permanent eye loss.
The products, EzriCare and Delsam Pharma’s Artificial Tears and Delsam Pharma Artificial Ointment, which were manufactured by Global Pharma Healthcare based in India. These products were recalled over potential bacterial contamination, possibly linked to the multistate outbreak of an extensively drug-resistant strain of Pseudomonas aeruginosa.
Bacterial Outbreaks
When manufacturers sell tainted products, intentionally or otherwise, they have a threefold responsibility. They must specifically identify the source, take immediate remedial action, and take permanent remedial action.
Bacterial infections, especially Pseudomonas aeruginosa (Pa), are difficult to trace to a single source. Pseudomonas aeruginosa is typically encountered in hospitals, where doctors are able to use powerful intravenous antibiotics to fight the infection. However, since it’s not usually in eyedrops or other consumer products, what should have been an urgent response was somewhat tepid.
By the time health officials identify the responsible product, type of bacteria, and begin treatment, it’s already too late for many victims.
A thorough cleaning stops the outbreak, especially where employees and their families are concerned.
Unless the company shuts down the facility, isolates the problem, and fully addresses it, another outbreak is almost inevitable.
If the company falls short in any area, a personal injury attorney may be able to obtain compensation for victims.
Product Recalls
Much like the corporate response to bacterial infections, government recalls don’t adequately protect people. Regulations often only issue recall notices after they have proof that the product is tainted or otherwise dangerous.
Agencies like the FDA need such evidence because they have limited inspectors. They usually only scrutinize production facilities after someone reports a possible problem. Additionally, the FDA only issues recall notices as a last resort.
Incidentally, a “recall notice” is more like a “recall recommendation.” The FDA doesn’t have the power to recall even the most dangerous products. It can apply public pressure to the companies that sell these products, but that’s it.
Finally, a product recall is just a quick fix. A personal injury attorney can obtain a court order that includes a consent decree. This decree is basically like probation in a criminal case. If companies don’t abide by certain conditions for a certain number of years, the hammer comes down even harder.
Your Claim for Damages
Most defective product actions are failure to warn lawsuits. Legal corporate duties include an obligation to warn customers about known side-effects or other product defects. If a whistleblower knows about product contamination, the company almost certainly knew about it.
Jurors often award considerable damages in “failure to warn” cases. These damages not only include compensatory damages, for economic losses (such as medical bills), but also for punitive and noneconomic losses (such as pain and suffering).
This compensation is available, but these claims are normally very complex. Frequently, judges consolidate defective product-related lawsuits into a single court, at least for pretrial purposes. Different plaintiffs from different parts of the country pool their resources to take on a large corporation.
Injury victims can be entitled to substantial compensation. For a free consultation with an experienced attorney, contact Napoli Shkolnik. We do not charge upfront legal fees in these matters and only recover a fee if we win your case.