Eye Drops Recalled As Bacterial Infection Results In Blindness
Liquid tears or eye drops contaminated with bacteria are responsible for a growing number of illnesses, according to a recent report. The fallout has resulted in one death and four amputations of the infected tissue, including removing the eyeball. Eight people reported blindness from the infection. The problem was first reported in early February. As of this week, the CDC has identified 68 infected people from 16 states.
The artificial tears were infected with a rare form of Pseudomonas bacteria that is resistant to antibiotics. The bacteria had never before been reported in the United States.
The CDC recommends that anyone with signs of an eye infection within a week of using the eyedrops should seek medical attention immediately. The earlier the intervention, the more likely it is that doctors will be able to prevent vision loss.
Analyzing the lawsuit
Well, this is a bad one for the company which may not even have enough money to pay the amount of damages they’ll owe. Assuming that punitive damages are off the table, then you have the issue of liability which is nearly already settled. There would be very little room for a company to defend a contamination lawsuit involving a drug that was meant for the eyes. Essentially, the company had a duty of care to ensure that the eyedrops were safe and instead they were contaminated. It would be nearly impossible to invent a defense that took the blame off of the manufacturer.
That leaves damages. Attorneys for the plaintiffs are likely collating information related to the contamination and victim claims related to injuries, damages, inability to do work, and reduced quality of life. The four individuals who lost eyeballs plus the eight individuals who lost vision will likely have the strongest claims alongside the family that is now grieving the loss of their loved one. Since these individuals suffered direct losses, it is likely that their claims will be given precedence.
What about minor injury claims?
Ultimately, a company facing these sorts of allegations would typically be headed for bankruptcy. They can opt to roll the debts into Chapter 11 and repay them over time, or they can simply file for Chapter 7 and dissolve their company and assets against the debt to repay the plaintiffs. But the company is in trouble because the injuries are severe, life-altering, and will likely impact the plaintiffs’ ability to continue their employment.
That means that in order of precedence, some of the minor injury claims may have limited or no compensation while the major claims related to death and organ loss are compensated as well as they can be.
Talk to a Miami Personal Injury Lawyer Today
Payer Law represents the interests of Miami residents who have been injured by a dangerous or defective product. Call our Miami personal injury lawyers today to schedule a free consultation and we can begin discussing your lawsuit immediately.
Source:
cnn.com/2023/03/17/health/eye-drops-recall-infection-wellness/index.html
