Zicam Named in Another LawsuitJan 14, 2010 | Parker Waichman LLP
An Illinois woman is the latest to file a lawsuit over recalled Zicam nasal cold remedy. Mary Pat Bollone is suing Matrixx Initiatives for more than $500,000, plus costs and other relief the court deems just.
Bollone claims she purchased and used a Zicam nasal remedy in March 2008. The complaint alleges that because of her use of Zicam, Ballone sustained permanent loss of smell and taste; suffered disability, loss of a normal life, pain, suffering and extreme emotional distress; and incurred medical costs. Bollone filed her lawsuit on Dec. 31 in St. Clair County Circuit Court.
Last summer, the U.S. Food & Drug Administration (FDA) said it had received 130 reports of anosmia—loss of sense of smell—in people who had used the product. Following the FDA alert, Matrixx Initiatives recalled two of the products: Zicam Cold Remedy Nasal Gel and Zicam Cold Remedy Swabs. The company had already withdrawn Zicam Cold Remedy Swabs, Kids Size, the third product named by the FDA.
At the same time, the FDA issued a Warning Letter to Matrixx. In the letter, the FDA said Matrixx had failed to inform it of 800 anosmia reports linked to the recalled cold remedies.
The Zicam recall has prompted a number of similar suits around the country. Zicam lawsuits pending in federal courts have been consolidated in a multidistrict litigation, under U.S. District Judge Frederick J. Martone in the District of Arizona.