FDA Warning Letter Confirms Over 130 Cases, Forces Drug Recall
On January 16, 2006, almost three years before the Food and Drug Administration (FDA) took action on behalf of consumers and victims in this country, the first Zicam class action lawsuit was settled in Arizona. In the settlement, Matrixx Initiatives, the makers of the popular brand of cold and flu remedies, was ordered to provide recompense for customers that lost their sense of smell (also known as anosmia) after using some of their products. Total damages awarded in the suit exceeded $12 million dollars. Since then, suits have been filed in several other states, including Illinois, California, Florida, Texas, Minnesota, Wisconsin, and Missouri. Hundreds of victims are also pursuing personal lawsuits against the manufacturer. Perhaps because of the legal actions currently underway, the FDA finally wrote a letter of warning to Matrixx in the middle of 2009, informing them that the government had received over 130 confirmed cases of anosmia that were entirely attributable to using one of the following three over the counter cold and flu remedy products. Cold Remedy Nasal Gel (15mL, NDC 62750-003-10) Cold Remedy Swabs (20 swabs, NDC 67250-003-20) Cold Remedy Swabs, Kids Size (20 swabs, NDC 67250-003-21)
Although they maintain that all of their products are completely safe for regular use of symptom relief, Matrixx Initiatives voluntarily recalled all of the products, a move that cost them millions of dollars and drove their stock prices down significantly. But victims of anosmia are looking for more than simply having the products removed. Associated legal documents list several unusual and disturbing complaints resulting from using the nasal sprays and swabs. These ailments include the following: Loss of sense smell Reduced sense of smell Reduced sense of taste
The most immediate danger for anosmia victims filing these lawsuits is natural gas. While most homeowners will evacuate a building if they smell natural gas building up, someone unable to detect the odor, perhaps living alone, would be unable to identify the problem. Over time, this could cause several health problems, including brain and lung damage. If the gas builds quickly enough, it could cause almost immediate death, if it explodes due to an open flame nearby. Victims also insist that these issues are far more emotionally debilitating than they may initially seem. Scientifically, our sense of smell creates many of our strongest memories and associations. Subsequently, sufferers say that they have become saddened, even depressed by their inability to recall smells associated with events from the past. As well, it is harder for them to make strong memories about recent events. If you feel that you are exhibiting any of the symptoms or ailments described above, and have recently taken any Zicam nasal spray cold and flu remedies that were mentioned, contact your health care professional immediately. If your doctor or physician positively diagnoses you with anosmia, contact an injury lawyer immediately. It does not matter if the symptoms are temporary or permanent. All that matters is that you get in touch with someone as soon as possible, so you can be sure to secure any recompense that you may be owed.
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