To: Jeffrey S. Mitchell who wrote (9128 ) 1/21/2006 8:39:12 AM From: Jeffrey S. Mitchell Read Replies (1) | Respond to of 12465 Re: 1/19-20/06 - [MTXX] TheDenverChannel.com: Zicam Maker Settles Lawsuit Over Users' Loss Of Smell; 300 People Claim Nasal Spray Causes Loss Of Taste, Smell; Reuters: Matrixx to settle litigation; take 4th-qtr charge TheDenverChannel.com Zicam Maker Settles Lawsuit Over Users' Loss Of Smell 300 People Claim Nasal Spray Causes Loss Of Taste, Smell POSTED: 11:44 am MST January 20, 2006 UPDATED: 6:57 pm MST January 20, 2006 A corporation that was the subject of a 7NEWS investigation has agreed to settle a massive lawsuit. Matrixx Corp. makes the cold remedy Zicam. In 2004, 7NEWS Investigators revealed that some people who used Zicam's zinc nasal spray lost their sense of smell and taste. On Friday, Matrixx agreed to pay $12 million in settlement awards and other charges to the 300 people who were part of a class-action lawsuit. Matrixx said that will cover about 90 percent of the outstanding claims. Millions of people have used the nasal spray containing zinc gluconate, and most have not had any problems. However, 7NEWS found that hundreds of people who have used the product also felt an intense burning sensation in their nose, and subsequently lost their sense of smell. At the University of Colorado Taste and Smell Clinic, Dr. Bruce Jafek continues to hear from patients who claim zinc gluconate has robbed them of their sense of smell. "Approximately one (person) a week or one every other week contacts us with regard to evaluation or advice or who to see," Jafek said. The maker of Zicam disputes such complaints, claiming its panel of experts has found its spray can't even reach the nasal tissue where it could cause loss of smell. "The spray itself has a long reach, it will go clear to the ceiling, whereas the smell tissue in the nose is four inches in or a little bit less. So, certainly, in most people's noses this will reach the smell tissue very easily," Jafek said. Matrixx Corp., while not admitting any fault, is paying $12 million to settle the claims. If you have had problems with the nasal zinc products, the FDA wants to hear from you. You can call toll-free (888) INFO-FDA or (888) 463-6332 or fill out a special form on the FDA's Web site. If you have a question or comment on this story, or if you have a tip or story idea for the investigators, call (303) 832-TIPS or e-mail us at Newstips@TheDenverChannel. com. Related To Story [video]thedenverchannel.com ZICAM CASE Video: Zicam Maker Settles Lawsuits Discuss: This Story Report Problems: FDA Contact:The Investigators Cold-Eeze's Web site Zicam's Web site University of Colorado: Department Of Otolaryngology University Of Connecticut Taste and Smell Center Previous Stories: December 16, 2004: Company No Longer Making Zinc Nasal Spray After 7NEWS Investigation October 6, 2004: FDA Reviewing Complaints Whether Nasal Spray Causes Loss Of Smell March 4, 2004: Zicam Admits No Studies Done On Loss Of Smell February 10, 2004: FDA Investigates Nasal Zinc Products February 6, 2004: User Says Zicam Robbed Her Of Sense Of Smell Copyright 2006 by TheDenverChannel.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.thedenverchannel.com ===== Matrixx to settle litigation; take 4th-qtr charge Thu Jan 19, 2006 05:42 PM ET NEW YORK, Jan 19 (Reuters) - Matrixx Initiatives Inc. (MTXX.O: Quote, Profile, Research) on Thursday said it agreed to settle a consolidated product liability lawsuit in Arizona, alleging that its Zicam Cold Remedy caused people taking it to lose their senses of smell and taste. Matrixx said in a regulatory filing that it agreed to pay $11.9 million to fund settlement awards and $100,000 to cover administration of the settlement program, adding that it now expects to incur a $4.3 million charge in the fourth quarter of 2005 to cover what is not covered by insurance. Under the settlement agreement, which covers about 90 percent of the 400 individuals involved, all but 22 will dismiss their claims, Matrixx said. © Reuters 2006. All Rights Reserved.