Several Class Action And Personal Injury Lawsuits Are Underway
Matrixx Initiatives, the company that produces and markets a popular brand of cold and flu remedies, has lost at least one Zicam lawsuit. In 2006 in Arizona, a group of people fought and won over $12 million in damages and fees related to symptoms that resulted from using the products, such as losing their sense of smell. Victims were also able to convince a jury that the disappearance of taste resulted from the use of the popular cold and flu ailment relief products, sometimes from only a single dose. Many other victims have come forward since then, initiating more than one Zicam lawsuit across the country, both personal injury and class action. Right now, there are several cases waiting to be heard by state court systems. Here is a short list of some of the states in which cases are waiting to be heard: Illinois California Florida Texas Minnesota Wisconsin Missouri
The federal government has also taken notice of this issue. In early 2009, almost three years after the first Zicam lawsuit, the Food and Drug Administration (FDA) issued a warning letter to Matrixx Initiatives, indicating that they had received over 130 confirmed cases of anosmia that were a direct result of product usage. Anosmia is a disorder that is often dismissed as unimportant, although doctors, victims, and public health officials all attest to the severity of the symptoms, and the resulting loss of quality of life. People with mild versions may only lose a small amount of their olfactory sense. Other individuals are not so lucky, and end up unable to detect any odors at all. Since smell and taste are so closely linked, it is not surprising that many also notice that their ability to taste is affected, along with the loss of the other. In some extreme cases, the taste is diminished to the point that it is also completely and permanently gone. Regardless of severity, people with anosmia commonly take less joy in their food, even reporting severe depression as a result. Matrixx Initiatives continues to provide a full range of products that were not mentioned in the warning letter, although they did issue a voluntary recall of the three products identified by the FDA. The three products listed in that letter are: 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)
If you have any of these products remaining in your homes and medicine cabinets, do not take them. Leading scientific research shows that even a single use can cause temporary or permanent side effects. If you feel that you are exhibiting any of the adverse effects described above, and have recently taken any 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, to see if you quality to file legal action. 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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