Zicam Lawsuit Reportedly Settled

Kansas City, MOA man who filed a Zicam lawsuit alleging he suffered from Zicam side effects has reportedly settled his lawsuit. The man claimed he developed permanent Zicam smell loss after using the nasal spray just one time.

According to a news release at insurancenewsnet.com (01/06/12), Raymond Carter Smith used Zicam nasal spray once in 2009. Shortly after using it, he suffered a burning sensation in his nose that lasted for around 30 minutes. After that, he discovered that he had completely lost his senses of taste and smell.

Some Zicam products were recalled in 2009, after the US Food and Drug Administration (FDA) issued a warning about their use. At the time, the FDA noted that certain Zicam products were associated with the loss of sense of smell, which could be permanent.

"The FDA has received more than 130 reports of loss of sense of smell associated with the use of these three Zicam products," the agency warned (06/16/09). "In these reports, many people who experienced a loss of smell said the condition occurred with the first dose; others reported a loss of the sense of smell after multiple uses of the products." The products included in the warning were Zicam Cold Remedy Nasal Gel, Zicam Cold Remedy Nasal Swabs and Zicam Cold Remedy Swabs, Kids Size, which was already discontinued.

The FDA was further concerned that the Zicam products could cause permanent damage when they were being used to treat a problem—a cold—that generally goes away on its own.

Smith filed his lawsuit, which was then transferred to federal court in a multidistrict litigation that reportedly involved more than 1,800 plaintiff's cases. The lawsuits alleged that Zicam was defective and caused anosmia—the loss of sense of smell. Participants in the lawsuit reportedly received between a few hundred dollars up to $25,000, depending on their injuries. The defendants, including Matrixx Initiatives Inc. and Botanical Laboratories Inc., are said to have agreed to pay around $15.5 million to settle the lawsuit.

For his part, Smith reportedly received around $10,000.

The defendants denied that Zicam is unsafe or that it causes anosmia.

Anosmia not only affects a patient's quality of life, it can be a safety issue. People rely on their sense of smell to warn them about fire, gas leaks and rotten food. The sense of smell is important to a person's ability to detect danger.