Numerous personal injury lawsuits filed against Scottsdale, Arizona based Matrixx Initiatives alleging that Zicam Cold Remedy Nasal Gel and Swabs caused users to lose their sense of smell and taste have been consolidated in an MDL (multidistrict litigation) under Judge Frederick J. Martone in the U.S. District Court in Phoenix, Arizona. Find out why the MDL is good news for Zicam plaintiffs.
Zicam MDL
Numerous lawsuits that were originally filed in Arizona, Arkansas, California, Florida, Illinois, Mississippi and Missouri have been consolidated in an MDL in Phoenix, Arizona. The Zicam lawsuits generally allege that the manufacturer's products caused plaintiffs to develop anosmia, which is the loss of smell, the loss of taste and that the drug manufacturer made false advertising claims about the products.
Zicam lawyers say that the MDL is good news for Zicam plaintiffs as it will allow pre-trial proceedings to be streamlined. They say that MDLs are different than class action lawsuits in that they will be transferred back to their court of origin if not settled during the MDL – allowing plaintiffs to move forward with their personal injury lawsuits individually.
FDA warning led to withdrawal
The U.S. Food & Drug Administration (FDA) had received approximately 130 complaints about Zicam Cold Remedy Nasal Gel & Zicam Cold Remedy Nasal Swabs and warned consumers to stop using the products earlier this year. Matrixx Initiatives recalled those products immediately after the FDA's warning and is now not allowed to market them without future FDA approval. The warning and recall has led to a rash of product liability and personal injury lawsuits. However, this is not the first time that Matrixx has been sued.
2006 settlement
Matrixx settled similar Zicam lawsuits for $12 million in 2006, but according to Zicam attorneys, didn't significantly change the labeling of those intranasal zinc products – leaving consumers with a continued risk of developing anosmia. An FDA Zicam video was recently posted on the Internet to warn consumers about Zicam's dangers.
Anyone injured by Zicam products should seek medical attention immediately and consider discussing their situation with an experienced Zicam attorney to explore their options and make sure that they don't miss their state's statute of limitations for filing a lawsuit if that is their desired course of action.