Sanders Firm - Monday, June 08, 2009 -

New York Law Firm Files Lawsuit against Manufacturer of Zicam Nasal Spray and Drug Chain that Sold Product

Leading personal injury law firm files complaint, alleging permanent damage to Long Island man's sense of smell and taste.

Marc Grossman, senior partner of leading national personal injury law firm of Sanders Viener Grossman, LLP, in Mineola, N.Y., earlier this week announced that his firm has filed a civil lawsuit against the manufacturer of the popular Zicam nasal spray and the national drugstore chain that sold the product to a New York man who is alleging permanent injuries from his use of Zicam.

The lawsuit was filed last Thursday in the U.S. District Court, Eastern District of New York. The complaint alleges that the plaintiff purchased a bottle of "Zicam Cold Remedy Nasal Spray" at a pharmacy store. After using the spray for about a week, and although the label stated it was "safe and effective" and a "patented homeopathic" remedy for cold symptoms, plaintiff claims that he permanently lost his senses of smell and taste.

On June 16, 2009, the U.S. Food and Drug Administration (FDA) issued a public health advisory warning consumers to stop using and discard the product [Zicam Cold Remedy Nasal Spray], because the agency received greater than 130 reports of Anosmia, the medical term for a loss of smell and taste. As an over-the-counter product, neither the Zicam Cold Remedy Nasal Spray nor its labeling has ever been approved by the FDA.

"This is a clear example of an unregulated and unsafe product masquerading as a product that promotes good health" said Mr. Grossman, who is representing the plaintiff and numerous other individuals who used Zicam. "Rather than a minor cold, my client has a permanent injury that deprives him of enjoying foods and aromas that he loved. The suspected culprit is zinc gluconate, listed as the active ingredient in Zicam products."

According to Mr. Grossman, zinc has long been purported as a cure for the common cold, but clinical studies dating back to 1937 have demonstrated that the application of substances containing zinc ions to the lining of the sinuses is toxic to cells that act as "smell receptors." As these cells die, so does not only one's sense of smell, but also taste.

Sanders Viener Grossman, LLP is one of the largest national law firms specializing in protecting the rights of innocent victims who have suffered personal injury as the result of the negligence of others The firm is well-known for its successful litigation in a wide range of personal injury and products liability cases involving allegedly defective drugs, including headline-grabbing matters against Pfizer, Merck and other leading pharmaceutical companies.

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