Parker & Waichman, LLP Files Suit. Parker & Waichman, LLP (www.yourlawyer.com) announced that it has filed suit against Matrixx Initiatives, Inc. (Nasdaq:MTXX), Zicam, LLC and Botanical Laboratories, Inc. on behalf of a victim who lost her senses of smell and taste after using Zicam Cold Remedy Nasal Gel.
The suit was filed in the U.S. District Court for the Western District of Louisiana in Shreveport, Louisiana. For more information on Zicam Cold Remedy Nasal Gel, please visit www.yourlawyer.com/topics/overview/Zicam/.
In December 2003, the Plaintiff began using Zicam Cold Remedy Nasal Gel to relieve symptoms of the common cold. After using the Zicam Cold Remedy Nasal Gel as directed by the product’s label, the victim began to experience a loss of her senses of smell and taste. She has never regained these senses completely.
The victim has seen physicians who have diagnosed her as having sustained a partial loss of the senses of smell and taste. She continues to suffer from the loss of these two critical senses, and will likely continue to suffer from these injuries for the remainder of her life.
The loss of the ability to smell is particularly dangerous because victims are often unable to detect fires, poisonous fumes and leaking gas.
Despite numerous reports that Zicam Cold Remedy Nasal Gel causes Anosmia
“Despite numerous reports that Zicam Cold Remedy Nasal Gel causes Anosmia, Matrixx continues to market this product at the expense of consumers’ health,” commented Jerrold S. Parker, managing partner of Parker & Waichman, LLP.
“Furthermore, there is little evidence to suggest that Zicam is effective at relieving the symptoms of the common cold. Because the product has few benefits and poses major health risks, Matrixx should promptly remove it from the market.”
The Defendants include Matrixx (the successor corporation to Gumtech International, Inc.), Zicam (the successor limited liability company to Gel Tech, LLC) and Botanical Laboratories, Inc. Botanical Laboratories, Inc. manufactured and packaged Zicam Cold Remedy Nasal Gel for sale and distribution by Matrixx and/or Zicam.
The suit alleges that the product label, promotional materials and advertisements used in conjunction with the sale of Zicam Cold Remedy Nasal Gel did not provide sufficient warnings and instructions about the risks and adverse side affects associated with the use of the product.
Defendants Matrixx and Zicam market Zicam Cold Remedy Nasal Gel as a remedy for the common cold. They claim it has been developed to reduce the severity and duration of the common cold. Zicam Cold Remedy Nasal Gel has never been approved by the United States Food and Drug Administration for safety or efficacy.
It is estimated that the FDA has received hundreds of complaints about the Zicam spray, and additional complaints about a similar product called Cold-Eeze. In 2004, the FDA confirmed that it is investigating the link between zinc nasal sprays and the loss of smell.
Zicam Cold Remedy Nasal Gel contains divalent ionized zinc in the form of zinc gluconate, which is listed as the product’s active ingredient under the trade name of “zincum gluconium 2x.” Zinc gluconate contains a divalent zinc ion. Zinc gluconate is a chemical compound characterized as a “zinc salt.”
If used as directed, the Zicam Cold Remedy nasal pump delivers the Zicam Cold Remedy Nasal Gel containing zinc gluconate to the user’s nasal membranes.
About Parker & Waichman, LLP
Parker & Waichman, LLP is a leading products liability and personal injury law firm that represents plaintiffs nationwide, with offices in New York and New Jersey. Parker & Waichman, LLP has assisted thousands of clients in receiving fair compensation for injuries resulting from defective medications and medical devices. For more information on Parker & Waichman, LLP, please visit: (www.yourlawyer.com) or call 1-800-YOURLAWYER (1-800-968-7529).
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