South Florida Personal Injury Blog

Recently, this blog by Fort Lauderdale injury attorney Andrew Alitowski reported on the problems associated with the over-the-counter cold medicine Zicam, for which the Food and Drug Administration has issued a stringent warning. Zicam Cold Remedy Gel apparently causes some users to experience partial or full loss of their ability to smell – and the damage is likely to be permanent. Matrixx Company, which manufactures the product, has recalled both the Zicam Cold Remedy Gel and the Zicam Cold Remedy Gel Swabs. The other Zicam products with similar functions have remained available for consumer purchase. Nonetheless, consumers may have become weary of the Zicam brand name after the issues regarding sense of smell injuries surfaced.

Now, personal injury lawsuits against the drug maker are popping up in south Florida, including Miami-Dade and Palm Beach Counties, says Broward personal injury lawyer Alitowski. A married couple in Coral Gables is suing Matrixx after the wife, Katherine Jane Rhodes, allegedly lost her ability to smell following the use of the product. They are also suing CVS Pharmacy, where Rhodes purchased the over-the-counter cold treatment. In some cases, product liability law allows plaintiffs to recover from not only the manufacturer but also the distributor or business that sells the faulty or defective product to the public. A suit has also been filed on behalf of company shareholders, although that lawsuit was filed in Arizona.

Matrixx Corporation has also come out against the FDA warning, possibly in an effort to stave off more personal injury plaintiffs, says Fort Lauderdale accident lawyer Andrew Alitowski. The company has stated that it “vigorously disagrees” with the warning and allegations by the FDA that the drugs were marketed in violation of the law. The company also maintains that its products are safe and insists that it is participating in the recall at the request of the FDA and not because it believes consumers are exposed to dangers by using the cold medicine. The corporation has also stated that it is complying with FDA regulators, including supplying information the federal agency has requested.