Fla Judge Finds No Private Right of Action Under FDCA in Eyedrops Case

FORT MYERS, Fla. — A Florida federal judge has dismissed a negligence per se claim in a contaminated eyedrops case, ruling the plaintiff has no private right of action under the Food, Drug and Cosmetic Act.

On Oct. 11, Senior Judge John Steele of the U.S. District Court for the Middle District of Florida noted the FDCA expressly prohibits private claims for violations of 21 U.S.C. § 337(a).

Adam DiSarro alleges he was sold eye drops that were contaminated with a rare, extensively drug-resistant strain of Pseudomonas aeruginosa bacteria, which caused him to go blind in one eye. He sued …