Chesley Files Federal Zicam Lawsuits
CINCINNATI, March 4 /PRNewswire/ — Stanley M. Chesley from the Cincinnati, Ohio-based law firm of Waite, Schneider, Bayless & Chesley Co., L.P.A. yesterday filed federal lawsuits in Ohio and Kentucky against Matrixx Initiatives, the manufacturer of Zicam, on behalf of four local residents who lost their senses of taste and smell after using the popular over-the-counter cold and flu nasal gel.
The lawsuits allege that Matrixx knew for years that Zicam users had complained of anosmia, or loss of smell, but explicitly chose not to warn Zicam customers.
On June 16, 2009 the Food and Drug Administration issued a warning advising consumers to “stop using and discard” Zicam Cold Remedy Nasal Gel and Cold Remedy Nasal Swabs (among others) because Zicam is “associated with the loss of sense of smell.” In light of the FDA’s warning, the lawsuit alleges, Matrixx had no choice but to immediately recall the dangerously defective Zicam products.
“The problem here is that Matrixx repeatedly refused to protect consumers of its products until the FDA forced its hand,” noted Chesley. “With these lawsuits, our clients intend to send a message that the American public will not stand by while another drug manufacturer secretly attempts to put its profits ahead of public safety.”
The cases, Raker et al v. Matrixx Initiatives, Inc. et al., (Case Number 10-cv-000125, S.D. Ohio) and Hartman v. Matrixx Initiatives, Inc. et al., (Case Number 10-cv-00042, E.D. Ky.), allege negligence, defect in design and manufacture, failure to warn, breach of warranties, fraudulent concealment, and state consumer laws
CONTACT: Stanley M. Chesley, Robert A. Steinberg, or Renee A. Infante at (513) 621-0267
SOURCE Waite, Schneider, Bayless & Chesley Co., L.P.A.