New York Personal Injury Lawyer Blog

A source reports that Matrixx, makers of Zicam Cold Remedy are involved in a class action suit because their product (Zicam) causes loss of smell in its users.

Matrixx of course wants the case dismissed, relates a spokesman. They claim that this is not true, of course.

The District Court granted this motion, explains the expert, but the Ninth Circuit reversed the motion, saying that the District Court made a mistake when they required an allegation of statistical significance to establish materiality. Instead, they came to the conclusion that the complaint thoroughly claimed information linking Zicam and its user’s inability to smell, otherwise known as anosmia. There were also allegations that Matrixx withheld information about reports to these side effects and about lawsuits already pending by Zicam users that they knew about the wrong doing. This is obvious personal injury.

To prove their accusations, respondents must be able to prove as necessary that there was in fact an omission by Matrixx, as well as a scienter (knowledge of unlawful activities and wrong doing). Matrixx claims they did not come forward because there was no significant evidence that Zicam did in fact cause loss of smell.

Materiality requirement can be satisfied when there is “a substantial likelihood that the disclosure of the omitted fact would have been viewed by the reasonable investor as having significantly altered the “total mix” of information available”, according to Basic Inc. V. Levinson, 485 US 224. The court did not adopt a bright line rule for classifying materiality in Basic, stating that an approach that designates one fact is always dependent on a specific fact finding such as materiality, and it must be inclusive.

The case is still going on, and the defendants are hoping that with all the evidence they have provided, Matrixx and Zicam will be taken off the market and fixed so that it no longer causes tis kind of injury in its users. This is ongoing and could take a while. Companies in The Bronx and Queens are awaiting the results.

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The Food and Drug Administration recently warned health care workers and patients about a gas-reducing drug that could possible increase the risk of hip, wrist and spine fractures, said a New York Injury Lawyer.

The FDA is saying that proton pump inhibitors (PPIs) will soon be changing its label with these additional risk warnings for patience taking the drug and physicians who prescribe it, explained a Lawyer.

The new label with this safety information is based on FDA's review of several studies on patience who have been given larger doses of the drug and that have been taking it for more than a year. These patients had the highest risk for fracture according to the study and most were older than the age of 50.

Healthcare workers and doctors in Manhattan and Queens who prescribe proton pump inhibitors have been advised to consider these possibilities of fractures and to possibly prescribe lower doses to patients who are at higher risks.

He added that patients who are taking prescribed doses of PPIs should make it a point to comprehend how much a risk they are taking. The likelihood of fractures increases with long-term use of the drug and should be managed by a health care professional on a case-to-case basis according to the FDA’s report.

As a general rule, people who are taking the drug for heartburn should take it for no more than 14 days in a row and not take it for that period of time more than three times per year, a NY City Injury Lawyer concluded.

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