Zicam Lawsuit Consolidation Hearing Scheduled for Next Week

The U.S. Judicial Panel on Multidistrict Litigation is scheduled to hear arguments next week over whether all federal Zicam lawsuits should be centralized and consolidated in one district as part of an MDL, or Multidistrict Litigation.

The hearing, which is scheduled for September 24 in Richmond, Va., will give plaintiffs and defendants a chance to present oral arguments for or against the consolidation. There are currently at least 10 lawsuits over Zicam pending in 9 different federal district courts against Matrixx Initiatives, which manufactured the over-the-counter cold remedy that was recalled earlier this year amid concerns that it may cause users to suffer permanent loss of smell.

The FDA warned consumers to stop using Zicam nasal gel and swabs on June 15, after receiving more than 130 reports of users developing anosmia, a condition where they are unable to smell. Although Matrixx Initiatives has maintained that their product is safe and does not cause loss of smell problems, they have since disclosed that they were aware of another 800 reports of Zicam side effects that were never turned over to the FDA.

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The Zicam lawsuit complaints contain similar allegations that zinc gluconate, the single active ingredient in Zicam Cold Remedy, is toxic to the tissue inside the nose and is responsible for causing damage to plaintiffs ability to smell, detect odors or taste. In addition to the damage this condition can cause to an individuals quality of life, it could also lead to life-threatening injuries if someone is unable to smell dangerous fumes, smoke or food that has gone rotten.

Zicam products were not regulated or approved by FDA because they were listed as homeopathic treatments using natural products. However, at the time of the FDA announcement, Matrixx Initiatives was warned that they would no longer be permitted to market the homeopathic products until they submit data establishing the safety and effectiveness for FDA review.

At least one plaintiff, Stefanie Riepe, who filed a Zicam lawsuit against Matrixx Initiatives in the Western District of Missouri, filed a motion asking that all federal cases involving similar injuries and allegations be consolidated into an MDL to avoid inconsistent pretrial rulings, repeat discovery on issues common to all cases and to serve the convenience of the parties, the witnesses and the court. The plaintiff requests that the cases be assigned to the Western District of Missouri, but the MDL Panel will determine where the cases are sent if they determine consolidation is appropriate.

If the cases are centralized, as new cases are filed in various federal courts by Zicam lawyers who are currently investigating potential claims, they will be transferred into the MDL for coordinated handling during pretrial proceedings. If the cases do not settle or otherwise resolve, they will ultimately be returned to the courts where they were filed for trials.

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6 Comments

  • davidNovember 15, 2009 at 5:42 pm

    I bought some Zicam from COSTCO. when I used it . It would cause a burning sensation so i stopped using it. but one thing it did wasmess up my sense of smell and food doues't taste the same anymore.

  • DavidNovember 15, 2009 at 5:23 pm

    I would like a lawyer to fight on this matter perhabs even have them pull it off the shelves and would possibly compensate me for loss of my smell I can't smell and food does'nt tasteas well anymore.

  • SheilaNovember 5, 2009 at 8:06 pm

    I've used zycam for years and thought it really helped me from getting a cold. I had my children use it occasionally and it did seem to help. I hadn't realized that slowly I was losing my sense of smell. I don't smell the cookies in the oven, or the air freshener that I sprayed. I fear that I won't smell something burning or a small gas leak

  • TerryOctober 27, 2009 at 3:39 am

    is there a class action lawsuit pending on Zicam? I want to join. I've been using it and realized recently I've lost my sense of smell. I was going to check the internet to find out what I could learn and was so surprised to learn about these lawsuits online.

  • TerriOctober 26, 2009 at 2:30 pm

    I loved Zicam and always thought the spray and swabs worked better than anything else. Used it for years. Very effective at stopping a cold. Never realized I had lost my sense of smell until my husband kept asking, "Don't you smell that?"

  • JessieSeptember 19, 2009 at 10:41 am

    My husband used Zicam for about two years, and now he can't smell anything. It's really sad because we just had our first baby four months ago, and he will never be able to experience that "new baby" smell.

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