IDN INTELI CHECK SERVED SI WITH A SUBPOENA FOR MY IDENTITY. THEY HAD NOT EVEN FILED A LAW SUIT. SI REFUSED TO HONOR THE SUBPOENA. FUNNY THING WAS ALL THAT I EVER DID WAS POST THIS RESEARCH REPORT ON SI Message 19273915
SINCE IT HAD MENTIONED GUNNALLEN. I DO NOT OR EVER HAVE POSTED ON THE IDN THREAD ON YAHOO. AS YOU CAN SEE BY THE REPORT IN THE ABOVE LINK IDN IS A VERY SUSPECT COMPANY
MATRIXX IS SUIING ME. THEY JUST OUTRIGHT LIED IN THERE LAW SUIT AGAINST ME. UNFORTUNATLY FOR MTXX THEY SUED THE WRONG GUY. HERE IS RECENT PRESS THEY HAVE RECEIVED AFTER THEY SUED ME.
Lawfirms Interested In Intranasal Zinc and Anosmia
Gersowitz Libo & Korek, P.C. - New York, New Jersey
Massachussetts Lawyers Network
Alexander, Hawes & Audet, LLP - California & New York
The Radacowsky Law Firm/Peterson Reed & Warlaumont - Salt Lake, City Utah & Phoenix Arizona
Zimmerman Reed P.L.L.P. - Scottsdale Arizona and Minneapolis Minnesota
Zicam-Online Law Service
Williams Dailey O'Leary Craine & Love , P.C - Portland, Oregon
Richard Calahan - Swamport, Massachusetts
The Cahaba Law Group LLC - Chelsea, Alabama
Chambers, Steiner & Sturm, P.L.C., William P. Webster - Kalamazoo, Michigan
Bush, Lewis & Roebuck, PC/Weller, Green, Toups & Terrell - Beaumont, Texas
Claris Law, Inc.
Contact a Zicam Attorney In Your State
James Szaller, Brown & Szaller A Cleveland, Columbus, Ohio
Jones Martin Parris & Tessener Law Offices, PLLC - North Carolina (Zicam)
Jones Martin Parris & Tessener Law Offices, PLLC - North Carolina (Cold Eeze)
Personal-Injury.com
Handler, Henning & Rosenberg, LLP
ADrugRecall.com: zicam
Charles L. Powell, PLLC - White River Jct., VT
CounselSeek
Law Firm of Parker & Watchman, New Jersey and New York
Van O'Steen, Phoenix, Arizona
Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., Montgomery, AL
"Kahn Gauthier Law Group, LLC, Metairie, LA
The Steinberg Law Firm, Houston, Texas
Personal Injury Attorney
Zicam side Efects
Parker & Waichman. Colorado: Zicam Zinc Nasal Gel Side Effects Lawyer
Parker & Waichman. Colorado: Cold-Eeze Side Effects Lawyer
Parker & Waichman. Arizona: Zicam Zinc Nasal Gel Side Effects Lawyer
Lawfirms Interested in Securities Law Violations Resulting from Intranasal Zinc (Zicam & Cold Eeze) Anosmia Claims
Kirby McInerney & Squire: Matrixx Initiatives
Milberg Weiss: Matrixx Initiatives
Beasley Allen: Matrixx Initiatives
Known Intranasal Zinc Lawsuits
Dennis Christensen and Debra Christensen v. Matrixx Initiatives, Inc., et al.
ANNABEL BENTLEY, RODNEY C. BRITT, COLLEEN D. BRITT, TERRENCE D. WOODRUFF and CAROL DEE WOODRUFF v. MATRIXX INITIATIVES, INC., ZICAM L.L.C., BOTANICAL LABORATORIES, INC., ABC COMPANIES
Janie Sutherland, et al. v. Matrixx Initiatives, Inc., et al.
Susan Nelson v. Matrixx Initiatives, Inc., Zicam LLC, Savon Drugs (a subsidiary of Albertons) (2.7 mb .tif file)
Tammy Ringbaurer v. Matrixx Initiatives, Inc., Botanical Laboratories, Zensno, Inc., and Zengen, Inc. (1.9 mb .tif file)
Paige Davidson v. Quigley Corporation
Janara J Abramsen, Arthur J Balog, Sharlene Beck, Judy L Bedingfield, Ronald R Bell, Robert R Benton, Randall B Bush, Kate M Buswell, Frank M Buttigieg, Michael E Cannan, Joan L Comes, James E Connelly, John C Cox, Laura A Cripe, Steve B Crouch, Tracy M Crucitti-Porter, Danny S Curtis, Richard J Daly, Andrew N Dennison, David A Edlund, Leslie A Engen, Ana Maria Estevez, Jerry Felts, Franni M Ferrero, Patricia A Garcia, Dale W Garten, Morey Grosse, Martha K Hadley, Donna K Halley, Gretchen Herd, Lea J House, Debra A Hurley, Paula V Jackson, Matthew Karp, Mark L Kenyon, Regina C Lawrence, Donald F Llewellyn, Vickey W Maples, Janis H McKenzie, Richard H Monte, Jimmy D Mooring, Deborah Morris, Raymond P Onidi, Sandra Orr, Kathryn J Platner, Sally I Powell, Avian T Quock, Richard N Ray, James T Scherz, Barbara A Schiavone, Brian Smith, Mary Ann Spence, Kent D Stark, Noel H Stock, Kathleen Taormina, Judith A Tart, Belinda K Taylor, Michelle D Thomas, Donna G Van Dries, Richard W Wagner, Gregory W Warren, Rosa M Weitzel, Colleen L Whiteford, Sandra A Wutsch. v. Matrixx Initiatives, Inc., Zicam L L C, Botanical Laboratories Inc., Zensano Inc. and Zengen Inc
Lynn Powell, Spencer Reid & Todd Mason v. Matrixx Initiatives Inc. & Zicam L L C
Lucy B Lutche v. Matrixx Initiatives Inc, Zicam L L C, Botanical Laboratories Inc., Zensano Inc., & Zengen Inc.
Edwin R Adams, Mary Jean Anderson, Benjamin Armstrong, Linda L Bayley, Carolyn E Bennett, Robert J Bezio, Kevin Boddicker, Kathleen Bolton, Ginger L Boyd, Cathy Bright, Ruthie Carr, Garland Cataneda, Merry Cibula, Marguerite M Cochran, Mariana Coku, Thomas C Cooper, Gary R Cuvelier, Christopher H Day, James Degivenchy, Rajen Desai, Ann Marie Doscher-Willing, Melanie A Duvall, Val Dziagwa, Wanda Estes, Dorothy Felton, David E Field, Elana Fine, Claude Gaspard, Frank Gilbert, Rhonda I Graeber, Dennis Greenstein, Matthew V Hammarlund, Joanne M Hanson, Lawrence Hanson, Allen N Hawley, Jack R Hendrixson, Margaret Henslee, Kermit G Hickman, Kelly Hoover, Paula Hubsch, Glenn L Jetton, Herschel R Johnson, Joyce L Jurgensen, Kathleen M Kerr, Norbert M Khalifa, Maryon F King, Audrey A Koval, Jennifer Kruger, Pernell Larson, Donna G Laycock, Daniel Levin, Susan C Lyons, Daniel Malloy, Raoul K Mangrum, Walter Maraist, Eileen McClaughlin, Don McCollough, Sherri B Messimer, Agnes Mikel, Mary Morris, Phillip E Murray, Lee Oneal, Paul Page, Gary L Passmore, Coast D Pauline, Marta Pluta, Barry Rabson, Carlos Ramos, Donna J Reynolds-Miller, Ruth Robinson, Marla J Rosenberg, Marion T Rowland, Noreen R Sadler, H Joe Shimpfky, Claude W Shires, Elizabeth A Sims, Lorraine Sorensen, Stephanie L Sugar, Alan Torppa, Adolph J Voigt, Janine Wallace-Mehta, Elizabeth D Wampler, John Wankner, Sherri Wedel, Susan Weiss, Consetta Wells, Mary West, Judy Zorn, David Zueger v. Matrixx Initiatives Inc., Zicam L L C, Botanical Laboratories Inc. Zensano Inc. Zengen Inc.
Television, Newspaper, Media, Internet, Legal, SEC, FDA Resources
DJ IN THE MONEY: FDA Looks Into Complaints About Zicam
Matrixx Initiatives' response.
Denver Channel 7 TV
ABC TV "Good Morning America"
Second Dow Jones article
Second Matrixx Initiatives response
NY Post - A Thing to Sneeze At (Denial doesn't work well)
Quigley's Cold-Eeze® zinc gluconate nasal spray claimed to kill chef's sense of smell
FDA Investigates Nasal Zinc Products - Consumers Who Have Zicam, Cold-Eeze Complaints Can Call FDA Hot Line
Dow Jones: Matrixx Has Contacted FDA About Zicam Cold Remedy
KPIX Channel 5: San Francisco, Oakland, San Jose - Complaints about Popular Cold medicine (Zicam)
Matrixx Initiatives, Inc.'s SEC Approved Anosmia Research Plan
San Diego Channel 10: Woman Can't Smell After Using Cold Remedy
West Hartford CT Channel 8 News: Chef Paige Davidson sues Quigley Corp, maker of Cold-Eeze Zinc Gluconate Nasal Spray for loss of smell
Jeff's Weekly Medicine Review: Zicam
Denver 7: Zicam Admits No Studies Done On Loss Of Smell
Los Angeles Times: Over-the-counter zinc nasal sprays reviewed for destroying sense of smell
Pharmacists' Letter Re: Nasal Zinc - Probably Unsafe
Los Angeles times: Over-the-counter zinc nasal sprays reviewed for destroying sense of smell
Houston Chronicle: Nasal sprays' effect on smell under review
Law firms Interested In Intranasal Zinc and Anosmia
Pittsburgh, PA: Post-Gazette: Zinc for Colds Loosing Its Luster
KABC-TV Los Angeles: Over The Counter Cold Spray Controversy
Detroit News: Zicam, Cold-Eeze safety comes under scrutiny
Taste and Smell Clinic - Washington DC: Zicam and Smell Loss
Phoenix, AZ News 5 KPHO: Zicam
Arizona Republic: Zicam makers are not taking criticism lightly
Chicago CBS TV: Popular Cold Remedy Has Unexpected Side Effects
KPHO TV Phoenix: Select link titled "Zicam Makers Say Lawsuit is Bogus"
KTVK 3 Phoenix: "Dangerous cold remedies?"
WDTV Detroit: Patients Claim Popular Nasal Spray Causes Loss Of Smell
Internet Broadcasting System affiliated TV stations "Patients Claim Nasal Spray Causes Loss of Smell"
KHOU 11 TV Houston: Over-the-counter cold remedy blamed for loss of sense of smell
Matrix Initiatives - Zicam ripoff used product & lost my sense of smell & some of my taste Phoenix, Arizona
FROM MTXX RECENT SEC FILING
Item 1. Legal Proceedings
We are subject, from time to time, to legal proceedings and claims regarding adverse reactions to our products. From late 2003 through May 2004, we were sued by over 168 named individuals in 12 different lawsuits (including two lawsuits which have not yet been served on the Company) generally alleging that our Zicam Cold Remedy product caused damage to the sense of smell and/or taste. One of these lawsuits is a class action suit covering both named and unnamed plaintiffs. In addition to the six lawsuits previously disclosed in our From 10-K for our fiscal year ended December 31, 2003, the new cases are Kalfian vs. Matrixx Initiatives, Inc. et al., filed April 6, 2004 in the United States District Court for the District of Rhode Island, Case No. 04-119ML; Hood vs. Matrixx Initiatives, Inc. et al., filed April 14, 2004 in the Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida, Case No. 04006193; Powell et al. vs. Matrixx Initiatives, Inc. et al., filed March 29, 2004 in the Superior Court of the State of Arizona (Maricopa County), Case No. CV2004-006062; Lutche vs. Matrixx Initiatives, Inc. et al., filed May 6, 2004 in the Superior Court of the State of Arizona (Maricopa County), Case No. CV2004-008704; Adams et al., vs. Matrixx Initiatives, Inc. et al., filed May 6, 2004 in the Superior Court of the State of Arizona (Maricopa County), Case No. CV2004-008929; and Douillard vs. Matrixx Initiatives, Inc. et al., filed May 6, 2004 in the Superior Court of the State of Arizona (Maricopa County), Case No. CV2004-008950.
An investigative news report by a national network program that was subsequently featured by several local stations across the country, which suggested the possibility of Zicam Cold Remedy negatively impacting a person’s sense of smell and/or taste appears to be related to the filing of the lawsuits. Also, we are aware that plaintiffs’ law firms are actively soliciting potential claimants through the internet and other media. As a result, we expect additional lawsuits to be filed against us. It is very early in the discovery phase of the 12 lawsuits, so it is
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unlikely than any of the cases will proceed to trial before the first quarter of 2005. It appears that the lawsuits, as well as the above-noted news media reports, are based on research and allegations regarding a connection between zinc sulfate and loss of sense of smell. Zicam Cold Remedy contains zinc gluconate, not zinc sulfate, which has very different properties than zinc sulfate.
We believe the allegations relating to Zicam Cold Remedy are inappropriate and misleading. Zicam Cold Remedy has been studied in two independent, placebo-control studies. In those studies, there was no statistically significant difference in adverse events between the placebo and non-placebo group, and there was no indication in either group of an impairment to sense of smell. Further, the incidence of smell disorders is reported at 1-2% of the population on average, and is very common in those over age 50. Upper respiratory infections are among the most common cause of impairment to sense of smell. Therefore, any product such as Zicam Cold Remedy designed to treat upper respiratory illnesses may be mistakenly associated with distortion of sense of smell. The rate of reported complaints of distortion of sense of smell associated with Zicam Cold Remedy is well below these national incidence levels.
We have submitted 11 of the 12 lawsuits to our insurance carrier. The above-noted Hood vs. Matrixx case has not been submitted to our insurance carrier as we have not yet been served with the complaint in this case. We cannot predict the outcome of the litigation, but we will defend ourselves vigorously. If any liability were to result from one or more of these or future lawsuits, we believe our financial results could be materially impacted, as well as by the adverse publicity that may result.
In April 2004, a class action lawsuit was filed against the Company, our President and Chief Executive Officer, Carl Johnson, and our Executive Vice President and Chief Financial Officer, William J. Hemelt, alleging violation of federal securities laws. The case is Sved vs. Matrixx Initiatives, Inc., Carl J. Johnson and William J. Hemelt, filed April 27, 2004 in the United States District Court for the District of Arizona, Case No. CV04-0886PHX. As of the time of filing this Report on Form 10-Q, this lawsuit has not been served on the Company, Mr. Johnson or Mr. Hemelt. Among other things, the lawsuit alleges that between October 2003 and February 2004, we made materially false and misleading statements regarding our Zicam Cold Remedy product, including failing to adequately disclose to the public the details of certain of the product liability lawsuits described above. We believe the claims made in this lawsuit are without merit and represent the actions of opportunistic plaintiffs’ law firms seeking to take advantage of existing Zicam Cold Remedy litigation. We intend to vigorously defend ourselves in this matter. In accordance with and subject to the provisions of the Company’s Certificate of Incorporation, Messrs. Johnson and Hemelt will be indemnified by the Company for their expenses incurred in defending this lawsuit and for any other losses which they may suffer as a result of this lawsuit. If any liability were to result from this lawsuit, we believe our financial results could be materially impacted. |
