Chesley Files Lawsuits on Behalf of Ohio Residents Who Lost Sense of Smell After Taking Zicam

CINCINNATI, Feb. 4  — Stanley M. Chesley from the Cincinnati, Ohio-based law firm of Waite, Schneider, Bayless & Chesley Co., L.P.A. today filed a lawsuit on behalf of two Cincinnati women who have experienced loss of smell and taste after using Zicam Cold Remedy Nasal Gel. Zicam is an over-the-counter cold and flu remedy manufactured by Matrixx Initiatives and voluntarily recalled in June of 2009.

The lawsuit was filed in the Hamilton County Court of Common Pleas in Cincinnati, Ohio. It alleges negligence, defect in design and manufacture, failure to warn, breach of warranties, fraudulent concealment, and state consumer laws. For years Matrixx knew of complaints of loss of smell (known as anosmia) from users of the recalled Zicam product, but failed to alert consumers. On June 16, 2009, the FDA issued a warning advising consumers to "stop using and discard" three Zicam products, including Zicam Cold Remedy Nasal Gel, because Zicam is "associated with the loss of sense of smell." Following the warning issued by the FDA, the company voluntarily recalled the nasal gel as well as several other Zicam products.