EzriCare Can’t Shake Claims in N.J. Federal Contaminated Eyedrops Case

CAMDEN, N.J. – A New Jersey federal judge has allowed claims for design defect to proceed against EzriCare LLC in a lawsuit involving its recalled artificial tears product, ruling that the plaintiff sufficiently alleged the company failed to include preservatives that would have prevented contamination.

In a Sept. 30 order, Judge Georgette Castner of the U.S. District Court for the District of New Jersey also found the plaintiff’s manufacturing defect claim passes muster because he adequately alleges how the product “deviated from the design specifications, formulae, or performance standards of the manufacturer,” so that it had been contaminated by the …