Zicam Loss of Smell Lawsuit Filed Over Recalled Nasal Spray Cold Remedy
aboutlawsuits.com
Published: January 13th, 2010 • No Comments
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An Illinois woman is the latest plaintiff to file a Zicam lawsuit over claims that the recalled nasal spray version of the popular cold remedy destroyed her sense of smell.
The lawsuit was filed on December 31 in Madison County Circuit Court by Jennifer Glisson, adding to the growing number of number of lawsuits against Zicam following a June 2009 recall. All of the lawsuits involve claims that Zicam caused users to lose some or all of their sense of smell or taste.
Matrixx Initiatives issued the Zicam recall after the FDA warned consumers to stop using their Zicam nasal sprays and gels due to reports of at least 130 people losing their ability to smell. The warning was limited to the recalled nasal spray and gel products. FDA inspectors later determined that Matrixx Initiatives improperly withheld hundreds of other reports of Zicam problems, which should have been turned over to the federal regulatory agency.
The FDA ordered Matrixx Initiatives to stop marketing Zicam nasal gel and swabs until they submit data establishing the safety and effectiveness of the cold remedy. The recalled Zicam products did not originally require FDA approval, as they were classified as homeopathic products, a classification usually reserved for herbal remedies. However, the FDA can force a company to have a product approved, regardless of classification, once a health concern has been identified.
Matrixx Initiatives has maintained that there is no scientific evidence linking Zicam and anosmia, but the agency has not allowed them to begin remarketing the nasal gel and swabs.
Glisson’s Zicam loss of smell lawsuit indicates that she developed problems shortly after using the nasal gel in the spring of 2008, according to a story in the Madison-St. Clair Record. She is suing Matrixx Initiatives for failure to properly warn about Zicam side effects and for manufacturing a defective product. Glisson seeks compensatory damages in excess of $50,000 and is seeking punitive damages as well, arguing that she suffered from mental anguish, pain, suffering and medical expenses.
In federal court, the Zicam litigation has been consolidated for pretrial proceedings in an MDL, or multidistrict litigation, under U.S. District Judge Frederick J. Martone in the District of Arizona.
Tags: Anosmia, Matrixx Initiatives, Nasal Spray, Zicam |
