Stephen I. Leshner, P.C. Files Complaint in Arizona for 117 Zicam Victims
Posted by: euser
June 23, 2009

As reported in the Arizona Republic, and many other news organizations, I filed suit in Maricopa County Superior Court, Phoenix, Arizona for 117 individuals who claim they lost their sense of smell (anosmia) as a result of taking Zicam.  If you or someone who know took Zicam, and suffered a loss of the sense of smell, please call me immediately.

Scottsdale-based maker of Zicam faces lawsuit

4 comments by Ken Alltucker - Jun. 22, 2009 04:54 PM
The Arizona Republic

In what could be the opening salvo in a new wave of lawsuits against the Scottsdale-based maker of Zicam, lawyers on Monday filed a lawsuit on behalf of 117 people who claim they have suffered loss of smell after using the popular nasal spray.

Among those suing Scottsdale-based Matrixx Initiatives Inc. include one dozen Phoenix-area residents as well as the chef of an upscale Las Vegas-area restaurant who no longer can smell or taste food.

Matrixx officials said Monday they had not seen the lawsuit filed in Maricopa County Superior Court, but a spokesman said the company believes that its nasal products are safe and do not cause loss of smell.   Company officials are bracing for additional lawsuits after the Food and Drug Administration last week issued a warning letter linking Zicam nasal gel and swabs to loss of smell. The company responded by voluntarily recalling its Zicam Cold Remedy nasal gels and swabs from retailers nationwide. The company has more than a dozen oral Zicam products that were not targeted by the FDA and remain in stores nationwide.

William Hemelt, Matrixx's acting president and chief operating officer, last week said the FDA's warning letter and following publicity "undoubtedly" leaves the company vulnerable to additional lawsuits.

Legal battles are nothing new for Matrixx. The company has already faced more than 400 lawsuits over the past decade from people who claimed that Zicam's Cold Remedy gel has caused anosmia, or loss of smell. In 2006, the company settled a batch of lawsuits with 340 plaintiffs for $12 million to avoid the legal cost of defending each individual lawsuit.

Among the plaintiffs in the lawsuit filed Monday include Richard Kennedy, 62, of Glendale. The retired Arizona Supreme Court research analyst said he used the Zicam gel about three to five times earlier this decade. He later noticed that be could not smell odors that his friends and family could. He was diagnosed with anosmia by an ear, nose and throat specialist.

"If I knew (loss of smell) was a potential side effect, I never would have taken it," Kennedy said.

Kennedy is represented by Phoenix attorney Stephen Leshner as well as a law firm based in Houston, Texas.

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Zicam
Posted by: euser
June 16, 2009

As reported in today's Wall Street Journal, the U.S. Food and Drug Administration (FDA) said that consumers need to stop using certain Zicam cold and allergy products because they can cause permanent loss of smell.

WASHINGTON (Dow Jones)--The U.S. Food and Drug Administration said Tuesday consumers need to stop using certain Zicam cold and allergy products because they can cause permanent loss of smell.

In a warning letter sent to Matrixx Initiatives Inc., Zicam's maker, the FDA said it "has concluded that these products may pose a serious risk to consumers who use them." The agency, which has recently stepped up its enforcement activities, said the products cannot be marketed unless Matrixx seeks FDA approval to sell the products.

Shares of Matrixx Initiatives Inc. (MTXX), maker of Zicam, dropped 68% to $6.26 in recent trading.

In a statement, Matrixx said it "believes the FDA action is unwarranted and is in the process of determining its response, which may include removing these products from the marketplace." However, the company said in a separate statement posted on Zicam's Web site that it would stop shipping the products and would reimbuse customers seeking a refund.

The company said it believes the affected products are safe and do not cause anosmia," or loss of smell. The Zicam intranasal products account for about 40% of the company's net sales, which totaled $111.63 million for the year that ended on March 31. Sales of over-the-counter cold and cough products total about $4 billion annually.

Zicam is sold over-the-counter, primarily as a cold and allergy remedy. The products are sold in various forms including intranasal products meant to be used in the nose.

The FDA said consumers should stop using the intranasal zinc-containing products, which are sold as Zicam Cold Remedy Nasal Gel and Zicam Cold Remedy Gel Swabs. The agency also said consumers should also stop using Zicam Cold Remedy Swabs, Kids Size, which the company is no longer selling. Agency officials said consumers could still have the children's-size product in their medicine cabinets.

The action doesn't affect other Zicam products, such as tablets, "rapid melts" and liquid forms.

FDA officials said they've received more than 130 reports from consumers about the loss of smell, but said they believe that Matrixx has received about 800 such reports, which have not all been reported to the agency. The FDA said the reports showed that many people who experienced a loss of smell said the condition occurred with the first dose while others reported a loss of the sense of smell after multiple uses of the products. The agency said the loss of smell can be long-lasting or permanent.

In 2006, Matrixx settled more than 300 lawsuits brought by consumers who alleged that Zicam zinc nasal gel damaged or destroyed their sense of smell.

Maxtrixx wasn't required to submit adverse events to the FDA until the end of 2007 when a law went into effect requiring over-the-counter supplement makers to report side effects to the FDA, an agency spokeswoman said.

If you or someone you know has taken Zicam, and suffered a loss of taste and smell, please call me for a free consultation.  I am handling these cases personally, and I will help you.  Since Matrixx is located in Phoenix, AZ, these cases will be litigated here. 

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