Plano resident sues Zicam over loss of smell

Michelle Keahey, East Texas Bureau Jun. 25, 2011, 10:24am

SHERMAN - A Plano resident has filed personal injury lawsuit over the homeopathic cold remedy Zicam after she suffered a decrease in her sense of smell.

Carolyn Tipping filed suit against Matrixx Initiatives Inc., Zicam and Botanical Laboratories Inc. on June 15 in the Eastern District of Texas, Sherman Division.

Zicam is promoted as a "cold remedy" that was developed for intra-nasal use and intended to be applied directly into the nasal cavity.

In June 2009, the U.S. Food and Drug Administration warned consumers to stop using and discard all zinc-containing intra-nasal products due to increased evidence that it could cause a permanent loss of the sense of smell.

According to the complaint, Tipping used Zicam Cold Remedy No-Drip Liquid Nasal Gel in December 2005 and alleges she subsequently suffered a decreased sense of smell.

Tipping claims she did not receive a warning that Zicam could cause permanent injury and was unaware of its serious side effects.

Causes of action filed against the defendant include strict liability, design defect, manufacturing defect, failure to warn, negligence, negligent distribution, breach of express and implied warranties, deceptive trade practices and fraudulent misrepresentation and concealment.

The plaintiff is seeking damages for mental and emotional anguish and distress, medical expenses, diminished quality of life, punitive damages, interest and court costs.

Tipping is represented by Kathryn Snapka and Aditi Anita Shahani of The Snapka Law Firm in Corpus Christi.

A jury trial is requested.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 4:11-cv-00361

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