Stephen I. Leshner, P.C. Files Complaint in Arizona for 117 Zicam Victims
Posted by: euser
June 23, 2009
Topic: PRODUCT LIABILITY
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.
Topics
ALLSTATE LEADS LIST OF TEN WORST INSURANCE COMPANIES
EL TOUR DE TUCSON ACCIDENT INJURY BICYCLE COLLISION
MEDICAL MALPRACTICE CLAIMS
NATIONAL VACCINE INJURY COMPENSATION PROGRAM
PERSONAL INJURY LAW
PHOENIX PERSONAL INJURY ATTORNEY STEVE LESHNER IS NAMED A ARIZONA "SUPER LAWYER"
PRODUCT LIABILITY
Recent Updates
February 02, 2012
Antidepressants Linked to Birth Defects
December 28, 2011
The High Cost of Failing Hip Replacements
October 18, 2011
North Valley Magazine Top Lawyer 2011
September 16, 2011
Metal-on Metal Hips Continue to Fail
September 02, 2011
Steve Leshner included in The Best Lawyers in America for Plaintiffs Personal Injury Litigation
Archives
February, 2012
December, 2011
September, 2011
August, 2011
July, 2011
June, 2011
May, 2011
March, 2011
February, 2011
December, 2010
November, 2010
September, 2010
July, 2010
June, 2010
October, 2009
September, 2009
June, 2009
February, 2009
January, 2009
December, 2008
September, 2008
August, 2008
