If you were harmed by recalled eye drops, there are two separate eye drop lawsuit paths open right now. People who developed a Pseudomonas aeruginosa infection, vision loss, or an eye removal after using EzriCare or Delsam Pharma Artificial Tears can pursue an individual injury lawsuit for medical costs and damages. People who simply bought certain recalled or misrepresented products, without any injury, may qualify for small cash payments through class action settlements involving CVS store-brand drops and Similasan homeopathic drops.
Individual Injury Lawsuits Over EzriCare and Delsam Pharma
The serious injury cases come out of a 2022–2023 outbreak of an extensively drug-resistant strain of Pseudomonas aeruginosa traced to EzriCare and Delsam Pharma Artificial Tears made by Global Pharma Healthcare in India. By May 2023 the CDC had identified 81 patients across 18 states. Four died, 14 lost vision, and four had an eye surgically removed.1Centers for Disease Control and Prevention (Archive). Outbreak of Extensively Drug-Resistant Pseudomonas Aeruginosa Associated With Artificial Tears2CNN. EzriCare Eye Drops Recall Update
The first suit was filed February 9, 2023, by Teresa Phillips, a 60-year-old Florida woman who said she contracted a drug-resistant infection from EzriCare drops bought at Walmart and needed surgery and months of antibiotics. Her complaint in the Middle District of Florida named EzriCare, EzriRx, Aru Pharma, Walmart, and Wal-Mart Stores East, alleging breach of warranty and negligence.3NBC News. Lawsuit Filed Against Maker of Eyedrops Linked to Infections4Becker’s Hospital Review. Florida Woman Sues Walmart in First Lawsuit Over Eye Drops
Later plaintiffs have generally pleaded three theories: failure to warn, manufacturing defects tied to violations of FDA good manufacturing practices, and negligence. Defendants named across the cases include Global Pharma Healthcare, EzriCare LLC, Delsam Pharma LLC, Aru Pharma Inc., and retailers including Walmart and Amazon.5Drugwatch. EzriCare Artificial Tears Lawsuits
Who Qualifies
To bring an injury case, you generally need to have used a recalled EzriCare or Delsam Pharma product and then developed a confirmed Pseudomonas aeruginosa infection, vision loss, or another infection-related complication. Attorneys handling these matters have said claimants typically need laboratory confirmation of the specific bacterial strain to be signed up.6ConsumerNotice.org. EzriCare Lawsuits
The recalls covering store-brand drops made by Kilitch Healthcare (sold under CVS Health, Rite Aid, Target’s Up&Up, Walmart’s Equate, and other labels), Dr. Berne’s, LightEyez, Alcon’s Systane Lubricant Eye Drops Ultra PF, AvKARE, and K.C. Pharmaceuticals have not been publicly linked to reported infections. Law firms are investigating claims from consumers who developed infections after using those products, but the pool of provable injuries is small.7U.S. Food and Drug Administration. FDA Warns Consumers Not to Purchase or Use Certain Eye Drops From Several Major Brands
What the Cases Seek
Injury suits ask for compensation for medical expenses, vision damage, pain and suffering, and loss of quality of life. Cases are generally taken on contingency, so you pay no attorney’s fees unless there is a recovery.6ConsumerNotice.org. EzriCare Lawsuits
Where the Litigation Stands
As of mid-2026, the EzriCare and Delsam Pharma cases have not been consolidated into a multidistrict litigation. No bellwether trials have been scheduled and no global settlement has been reached.8Drugwatch. EzriCare Artificial Tears At least one major plaintiffs’ firm has stopped taking new cases and legal commentators have described the litigation as slowing. No criminal charges have been publicly announced against Global Pharma, EzriCare, Delsam Pharma, or their principals.5Drugwatch. EzriCare Artificial Tears Lawsuits
One practical wrinkle: Aru Pharma, an importer-distributor named as a defendant, largely ceased operations in August 2022 after its founder died and later filed for Chapter 11 bankruptcy, directing much of its remaining assets to recall efforts.9Horn Wright LLP. Aru Pharma Inc. Regarding EzriCare Artificial Tears
Class Action Settlements for People Who Bought the Drops
If you weren’t hurt but you bought certain recalled or misrepresented eye drops, two settlements offer small refunds. You don’t need a doctor’s report; you need proof you paid for the product, or in some cases just a good-faith claim of purchase.
CVS Store-Brand Eye Drops (Ruffin v. CVS Pharmacy, Inc.)
This case, filed in the Eastern District of North Carolina (Case No. 7:23-CV-01660-BO-RN), alleges CVS kept selling its store-brand eye drops despite unsanitary conditions at Kilitch Healthcare’s Indian facility that led to the October 2023 recall. CVS denies wrongdoing and denies the products were defective.
The settlement creates a $1 million fund covering all claims, attorneys’ fees capped at $300,000, and administrative costs.10CVS Eye Drop Settlement. Long Form Notice, Ruffin v. CVS Pharmacy Inc. Class members are U.S. consumers who bought the recalled CVS store-brand drops between October 1, 2021, and October 25, 2023. With a receipt, you get the amount you paid refunded. Without one, you can claim up to three products, with payouts reduced pro rata if total claims exceed the fund. The claims deadline is September 18, 2025, and the final approval hearing is set for October 28, 2025.11CVS Eye Drop Settlement. Ruffin v. CVS Pharmacy Inc. Settlement
Similasan Homeopathic Eye Drops (Plowden v. Similasan Corp.)
This case in the District of Colorado (Case No. 1:23-cv-02511) is different in kind. It doesn’t involve bacterial contamination; it alleges Similasan marketed its homeopathic eye drops as treatments for pink eye, dry eye, and redness without FDA approval, made misleading sterility claims, and failed to warn about silver sulfate, an ingredient that can cause irreversible eye and skin discoloration.12ClassAction.org. Similasan Eye Drops Settlement
Similasan agreed to a $3.575 million settlement without admitting wrongdoing. Purchasers of any of 12 Similasan products or four store-brand equivalents sold under CVS and Walgreens labels between September 11, 2017, and February 20, 2025, could file. Claimants received $2.50 per product, and those without receipts were capped at four products, or $10 maximum. The claims deadline was October 15, 2025.13PIX11. Who Qualifies for a $3.5M Class Action Settlement Over Eye Drops14Top Class Actions. Similasan to Pay $3.6M Eye Drop Settlement
Which Recalled Products Are Involved
Injury claims and consumer claims attach to different sets of products. If your bottle isn’t listed below, no eye drop lawsuit currently targets it.
- EzriCare Artificial Tears and Delsam Pharma Artificial Tears, both made by Global Pharma Healthcare and recalled February 2, 2023, plus Delsam Pharma’s Artificial Eye Ointment, recalled shortly after.15U.S. Food and Drug Administration. Global Pharma Healthcare Issues Voluntary Nationwide Recall of Artificial Tears Lubricant Eye Drops16U.S. Food and Drug Administration. Global Pharma Healthcare Issues Voluntary Nationwide Recall of Delsam Pharma Artificial Eye Ointment
- Store-brand drops made by Kilitch Healthcare and recalled in October 2023 under CVS Health, Rite Aid, Target Up&Up, Walmart Equate, Cardinal Health’s Leader label, and Harvard Drug Group’s Rugby label, among others.
- Dr. Berne’s MSM Drops and Organic Castor Oil Eye Drops, recalled August 2023 after testing found bacterial and fungal contamination.17U.S. Food and Drug Administration. Dr. Berne’s Whole Health Products Issues Voluntary Nationwide Recall
- LightEyez MSM Eye Drops, which the FDA warned against in 2023 after finding gross microbial contamination, including Pseudomonas; the company never completed a recall.18U.S. Food and Drug Administration. Warning Letter to LightEyez Limited
- One lot of Alcon Systane Lubricant Eye Drops Ultra PF, recalled in late December 2024 after fungal material was found in a sealed vial.19U.S. Food and Drug Administration. Alcon Laboratories Issues Voluntary Nationwide Recall of Systane Lubricant Eye Drops Ultra PF
- More than 75,000 cases of AvKARE eye-care products recalled in May 2025 as a Class II recall after sterility failures at contract manufacturer BRS Analytical Services.20U.S. Food and Drug Administration. Warning Letter to BRS Analytical Services LLC
- More than 3.1 million bottles from K.C. Pharmaceuticals of Pomona, California, recalled in March 2026 for lack of sterility assurance and sold at Walgreens, CVS, Kroger, Rite Aid, H-E-B, and other retailers under store labels.21NBC New York. Eye Drop Recall: FDA List of Products From K.C. Pharmaceuticals
Deadlines Matter
For the class actions, the claim windows are fixed. Similasan’s window closed October 15, 2025. The CVS settlement’s claim deadline is September 18, 2025, with final approval scheduled for October 28, 2025.
For injury lawsuits, each state sets its own statute of limitations, and attorneys handling these cases have urged people not to wait.6ConsumerNotice.org. EzriCare Lawsuits If you developed an eye infection after using any recalled product, gather your medical records (particularly any culture identifying the bacteria), your purchase records, and any remaining product or packaging before contacting a lawyer.
What to Do Next
If you had an infection linked to EzriCare or Delsam Pharma, consult a product-liability attorney who takes cases on contingency and ask specifically whether they still accept new EzriCare matters given the slowdown in the litigation. If you only bought a recalled product and were not harmed, check the settlement websites for the CVS and Similasan cases to see whether your product and purchase date fall inside the class definitions. And if you still have a bottle from any of the recalled lots, stop using it.