A man who claims he lost sense of smell after using Zicam, filed a personal injury lawsuit against Matrixx, Initiatives, Inc., Zicam LLC., and Botantical Laboratories, Inc. on March 10 in New Orleans federal court of the Eastern District of Louisiana.
Frank K. Devay claims he used Zicam Cold Remedy Nasal Gel to alleviate symptoms of a cold in March 2009. He claims afterwards he experienced a loss of smell that he has not been able to regain.
Zicam is not considered a drug and therefore, is not approved by the Food and Drug Administration.
"Plaintiff continues to suffer from the loss of this critical sense and, in all likelihood, will suffer these injuries the remainder of his natural life," the complaint states.
Devay claims the product is defective, unreasonably dangerous and constituted an extreme hazard and danger to the person using to the product.
He claims the defendants did not provide sufficient warnings and instructions regarding risks and adverse side effects associated with the use of the homeopathic product.
Seeking a refund of the purchase price, Devay states that the product is useless and that he would not have bought it had he known of the defects.
He is seeking damages for mental anguish, emotional distress, loss of enjoyment of life, medical expenses, impairment of wage earning capacity, lost wages, loss of consortium, medical monitoring, pain and suffering and physical disability.
New Orleans attorneys Stephen P. Bruno and Christopher M. Hatcher of the law firm Bruno& Bruno are representing the plaintiff.
The case is assigned to U.S. District Judge Ivan L.R. Lemelle.
Case No. 2:10cv00839