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Table Of Contents
- Dr. Berne’s MSM Eye Drops Lawsuit Overview
- Latest Dr. Berne’s MSM Eye Drops Lawsuit Updates
- FDA and CDC Reports and Statistics
- Dr. Berne’s MSM Eye Drops Injuries & Side Effects
- Do You Qualify for a Dr. Berne’s MSM Eye Drops Lawsuit?
- Dr. Berne’s MSM Eye Drops Recall Information
- Statute of Limitations for Dr. Berne’s MSM Eye Drops Lawsuits
- FAQs
- 1. Who is eligible to file a Dr. Berne’s MSM Eye Drops lawsuit?
- 2. What makes Dr. Berne’s MSM Eye Drops dangerous?
- 3. Has there been a recall on Dr. Berne’s MSM Eye Drops?
- 4. What types of compensation might I receive from a lawsuit?
- 5. How long do I have to file a Dr. Berne’s MSM Eye Drops lawsuit?
- 6. What evidence do I need to file a Dr. Berne’s MSM Eye Drops lawsuit?
- 7. Are there any costs to have my case evaluated?
- 8. What is Pseudomonas aeruginosa and how does it relate to eye drops?
- 9. What should I do if I’ve been using Dr. Berne’s MSM Eye Drops?
- 10. Can I join a class action lawsuit for Dr. Berne’s MSM Eye Drops?
- Get a Free Dr. Berne’s MSM Eye Drops Lawsuit Evaluation With Our Lawyers
Dr. Berne’s MSM Eye Drops Lawsuit Overview
Dr. Berne’s MSM Eye Drops have been the subject of serious safety concerns due to FDA testing revealing they are not sterile and contaminated with microbes.
The product contains methylsulfonylmethane (MSM) as an active ingredient, making them unapproved drugs illegally marketed in the United States.
These contaminated eye drops could potentially cause minor to serious vision-threatening infections that could progress to life-threatening conditions.
Latest Dr. Berne’s MSM Eye Drops Lawsuit Updates
- August 26, 2023 – Dr. Berne’s Whole Health Products voluntarily recalled all lots of MSM Drops 5% and 15% Solution, Organic Castor Oil Eye Drops, and MSM Mist 15% Solution after FDA testing confirmed contamination in one lot, with two minor adverse events reported but no confirmed vision loss [1].
- August 22, 2023 – The FDA warned against using Dr. Berne’s MSM Drops 5% Solution and LightEyez MSM Eye Drops due to bacterial and fungal contamination risks that could cause eye infections, potentially leading to vision problems or life-threatening conditions.
- May 15, 2023 – The CDC reported 81 infections of carbapenem-resistant Pseudomonas aeruginosa linked to multiple eye drop brands, primarily EzriCare Artificial Tears, causing 4 deaths, 14 cases of vision loss, and 4 surgical eyeball removals across 18 states.
FDA and CDC Reports and Statistics
The FDA has identified specific bacterial and fungal contamination in Dr. Berne’s MSM Eye Drops products:
| Product | Bacterial contamination | Fungal contamination |
|---|---|---|
| Dr. Berne’s MSM Drops 5% Solution | Bacillus, spp. | Exophiala, sp. |
| LightEyez MSM Eye Drops – Eye Repair | Pseudomonas, spp.; Mycobacterium, spp.; Mycolicibacterium, spp.; Methylorubrum, spp. | N/A |
The FDA initially reported no adverse event reports for Dr. Berne’s MSM Eye Drops or LightEyez MSM Eye Drops.
By August 28, 2023, two minor adverse events were reported for Dr. Berne’s products (MSM Drops 5% and 15% Solution, Organic Castor Oil Eye Drops, MSM Mist 15%), none involving vision loss or serious infections.
No adverse events have been reported for LightEyez MSM Eye Drops.
Separately, a broader contaminated eye drops outbreak, unrelated to Dr. Berne’s or LightEyez MSM Eye Drops, resulted in 81 infections of carbapenem-resistant Pseudomonas aeruginosa, primarily linked to EzriCare Artificial Tears, as reported by the CDC on May 15, 2023.
This outbreak caused 4 deaths, 14 cases of vision loss, and 4 surgical eyeball removals across 18 states.
Dr. Berne’s MSM Eye Drops Injuries & Side Effects
Using contaminated eye drops can result in a range of vision-threatening infections and complications:
- Eye Infections: Bacterial or fungal infections that can lead to serious complications.
- Vision Loss: Permanent or temporary loss of vision.
- Surgical Interventions: In severe cases, surgical removal of eyeballs may be necessary.
- Systemic Infections: Potential for infections to spread beyond the eye and become life-threatening.
- Pseudomonas Aeruginosa Infections: Yellow/green discharge, eye pain, redness, light sensitivity, and blurry vision.
Do You Qualify for a Dr. Berne’s MSM Eye Drops Lawsuit?
You may qualify for a Dr. Berne’s MSM Eye Drops lawsuit if:
- You used Dr. Berne’s MSM Eye Drops products.
- You experienced complications such as eye infections, vision loss, or other adverse effects.
- Your injuries required medical treatment or hospitalization.
- You can provide medical documentation linking your injuries to the use of Dr. Berne’s MSM Eye Drops.
Evidence Required for a Dr. Berne’s MSM Eye Drops Lawsuit
To effectively pursue a Dr. Berne’s MSM Eye Drops lawsuit, you’ll need to gather the following evidence:
- Medical records documenting your eye injury or infection.
- Proof of purchase of Dr. Berne’s MSM Eye Drops.
- Ophthalmologist or doctor’s reports linking your injury to the eye drops.
- Documentation of all treatments and medical expenses related to your injury.
Damages You Can Recover
Victims of contaminated Dr. Berne’s MSM Eye Drops may be entitled to compensation for:
- Medical expenses for treatments, surgeries, and ongoing care.
- Lost wages due to inability to work during recovery.
- Pain and suffering from physical and emotional trauma.
- Punitive damages against the manufacturer for negligence.
- Long-term care costs for permanent vision impairment.
Dr. Berne’s MSM Eye Drops Recall Information
On August 21, 2023, Dr. Berne’s Whole Health Products verbally agreed to voluntarily recall Dr. Berne’s MSM Drops 5% Solution after FDA testing of lot 6786 revealed contamination with bacteria (Bacillus spp.) and fungi (Exophiala spp.).
The recall, announced August 26, 2023, expanded to include all lots of MSM Drops 5% and 15% Solution, Organic Castor Oil Eye Drops, and MSM Mist 15% Solution out of caution for potential contamination.
The FDA recommended that consumers stop using and properly discard Dr. Berne’s MSM Drops 5% and 15% Solution, Organic Castor Oil Eye Drops, and MSM Mist 15% Solution as described in their guidelines to prevent infection risks.
The agency also encouraged consumers and healthcare professionals to report any adverse events associated with these products to the FDA’s MedWatch Adverse Event Reporting program.
Tainted Eye Drops Linked to 3 Deaths, Extensive Vision Loss: NBC News Video
Statute of Limitations for Dr. Berne’s MSM Eye Drops Lawsuits
The statute of limitations for filing a Dr. Berne’s MSM Eye Drops lawsuit varies by state, typically ranging from 1-3 years from the date of injury or when you discovered the connection between your injury and the product.
Given these time constraints, it’s important to consult with an attorney as soon as possible to preserve your legal rights.
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FAQs
1. Who is eligible to file a Dr. Berne’s MSM Eye Drops lawsuit?
Individuals who used Dr. Berne’s MSM Eye Drops and subsequently experienced eye infections, vision loss, or other serious complications may be eligible to file a lawsuit, provided they can establish a link between their injuries and the product.
2. What makes Dr. Berne’s MSM Eye Drops dangerous?
FDA testing showed these products are not sterile and are contaminated with bacteria and fungi. Additionally, they contain methylsulfonylmethane (MSM) as an active ingredient, making them unapproved drugs illegally marketed in the United States.
3. Has there been a recall on Dr. Berne’s MSM Eye Drops?
Yes, on August 21, 2023, Dr. Berne verbally agreed to voluntarily recall the Dr. Berne’s MSM Drops 5% Solution after FDA testing revealed contamination.
4. What types of compensation might I receive from a lawsuit?
Potential compensation includes medical expenses, lost wages, pain and suffering, and possibly punitive damages depending on the circumstances of your case.
5. How long do I have to file a Dr. Berne’s MSM Eye Drops lawsuit?
The statute of limitations varies by state but typically ranges from 1-3 years from the date of injury or discovery of the connection between the product and your injury.
6. What evidence do I need to file a Dr. Berne’s MSM Eye Drops lawsuit?
You’ll need medical records documenting your injury, proof of purchase of the product, doctor’s reports linking your injury to the eye drops, and documentation of all related expenses.
7. Are there any costs to have my case evaluated?
No, Schmidt & Clark, LLP offers free case evaluations, and we only charge a fee if we win your case.
8. What is Pseudomonas aeruginosa and how does it relate to eye drops?
Pseudomonas aeruginosa is a pathogenic, antibiotic-resistant bacterium that can cause severe eye infections when introduced through contaminated eye drops, potentially leading to vision loss or systemic infection.
9. What should I do if I’ve been using Dr. Berne’s MSM Eye Drops?
Immediately stop using the product, properly discard it according to FDA guidelines, and consult with a healthcare professional, especially if you’re experiencing any eye symptoms.
10. Can I join a class action lawsuit for Dr. Berne’s MSM Eye Drops?
Individual lawsuits are currently being accepted. Contact our legal team to discuss the best approach for your specific situation.
See all related product liability lawsuits our attorneys covered so far.
Get a Free Dr. Berne’s MSM Eye Drops Lawsuit Evaluation With Our Lawyers
Time is limited to pursue legal action for injuries caused by Dr. Berne’s MSM Eye Drops. Depending on your state’s statute of limitations, you may have only 1-3 years from the date of injury to file your claim.
At Schmidt & Clark, LLP, we understand the physical, emotional, and financial burdens that eye injuries can cause. Our dedicated team offers:
- Free, confidential consultations to evaluate your case
- No upfront costs or fees for our legal services
- Payment only if we win your case and secure compensation for you
Don’t delay seeking the justice and compensation you deserve. The sooner you act, the stronger your case may be.
Reference:
1. https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/dr-bernes-whole-health-products-issues-voluntary-nationwide-recall-dr-bernes-msm-drops-5-and-15