North Collier firefighter affected by eyedrops on light duty; defendants appeal suit
A Collier County fire captain blinded in one eye due to a deadly bacteria tied to eyedrops continues to seek justice as he makes a return to work.
North Collier Fire District spokesperson Heather Mazurkiewicz said Adam Di Sarro recently returned to work and is on light duty.
Over recent months, the Centers for Disease Control and Prevention, as well as the U.S. Food and Drug Administration, have warned patients and clinicians to stop using EzriCare or Delsam Pharma’s Artificial Tears products.
The products, which are manufactured by Global Pharma Healthcare based in India, were recalled in February over potential bacterial contamination – tied to the multistate outbreak.
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Weeks after District Judge Sheri Polster Chappell dismissed the complaint without prejudice on March 15, Di Sarro filed a new complaint, leading one of the defendants to challenge the suit, court records indicate.
Attorneys Robert Harris and Lisa Difilippo represent Di Sarro didn't immediately respond to requests for comment.
The latest 18-page lawsuit, filed April 3 against EzriCare, EzriRx, Delsam Pharma, Aru Pharma and Amazon, alleges the defendants sold, distributed, shipped or supplied contaminated and adulterated eyedrops.
Di Sarro, now blinded in one eye, seeks more than $1 million in damages. He began receiving treatment for the symptoms in October, according to the complaint.
He first purchased artificial tears from EzriCare around May 12, 2022, and purchased additional packs around Sept. 12, according to the suit.
Shortly after, Di Sarro began to experience irritation, swelling blurred vision and extreme pain, the suit says.
That led Di Sarro to lose vision out of his left eye, the lawsuit says.
According to the lawsuit, one person has died and five others, including Di Sarro, have had their eyesight affected.
The lawsuit lists four counts — strict product liability; negligence; negligence per se; and a violation of Florida's Deceptive and Unfair Trade Practices Act.
Defendant seeks dismissal
One of the defendants, Delsam Pharma, on May 10 appealed and filed a motion to dismiss Di Sarro's complaint.
The appeal alleges the court lacks personal jurisdiction over Delsam; that Di Sarro fails to state a claim against Delsam; and that Di Sarro "improperly" named Delsam despite not purchasing or using one of its products.
Di Sarro's attorneys have requested an extension through June 15 to respond to the appeal.
The Daily News couldn't immediately reach Michael Gross, who represents Delsam, for comment Tuesday afternoon.
How many lawsuits have the eyedrops led to?
Court records indicate EzriCare faces 14 lawsuits filed between Feb. 9 and May 20.
The list includes both the older and new lawsuits filed on behalf of Di Sarro, who's one of two plaintiffs in Florida. A judge dismissed one of the suits.
Tomas Rodriguez is a Breaking/Live News Reporter for the Naples Daily News and The News-Press. You can reach Tomas at TRodriguez@gannett.com or 772-333-5501. Connect with him on Twitter @TomasFRoBeltran, Instagram @tomasfrobeltran and Facebook @tomasrodrigueznews.
This article originally appeared on Naples Daily News: Defendant sued by local firefighter over eyedrops seeks dismissal
