Legal news for New York personal injury attorneys –Man filed suit against nasal spray maker for alleged damage to sense of smell.
New York City, NY (NewYorkInjuryNews.com) –A man from Manhattan has sued the creators of Zicam Cold Remedy nasal gel for $75 million for claims that the spray damaged his sense of smell, reported the New York Daily News, February 19, 2010.
The plaintiff, identified as Paul Buck Jr., claimed that his sense of smell and taste had been irreparably damaged due to the use of the company’s product Zicam Cold Remedy Nasal Spray. He was asking for $75 million in the case filed on claims that his use of the over-the-counter zinc spray from 2006 to 2009 caused his condition of “anosmia” – a loss of taste and smell.
The case was filed in Manhattan Federal Court on Thursday, February 18, 2010. Paul Buck Jr. was director of operations for Art Food LLC at the New York Metropolitan Museum of Art, and one of his work-related necessary skills was his keen sense of smell and taste. In the case, Matrixx Initiatives, the company that makes the Zicam nasal spray has on record, studies that showed that use of zinc ions as a topical solution may cause “permanent anosmia”, alleged the case.
The company described their product as “safe and effective” and “doctor recommended” as well as a “patented homeopathic”, which are terms used to attract consumers. In summer 2009, the U.S. Food and Drug Administration (FDA) www.fda.gov made a public health statement about Zicam and other products that contained zinc because 130 reports of anosmia, contested the lawsuit.
Bridget Hom
www.NewYorkInjuryNews.com