Articles Posted in Defective Products

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The California Zicam lawyers at Bisnar Chase Personal Injury Attorneys continue to receive inquiries regarding lawsuits and class-action suits about defective over-the-counter Zicam cold medications, which have apparently caused hundreds of Americans to lose their sense of smell and/or taste. These Zicam defective products were meant to relieve cold congestion. However, the defective Zicam nasal cold remedy products clearly have done more harm than good.

Matrixx Initiatives Inc., the manufacturer of the Zicam cold remedies that are believed to be responsible for hundreds of users nationwide losing their sense of smell is expecting to face more Zicam lawsuits, in addition to the ones already filed, after the U.S. Food and Drug Administration warned consumers about Zicam drug effects, according to a Dow Jones news report. Last month, federal officials cautioned consumers to stop using Zicam cold and allergy medications because they can cause permanent loss of smell.

Matrixx officials have said that they are facing a lot of legal action including two economic Zicam class-action lawsuits and a personal injury lawsuit involving 117 plaintiffs. They are now saying that additional Zicam lawsuits involving individual plaintiffs making allegations that its nasal gel products have caused a permanent loss or diminishment of the sense of smell or smell and taste, have been filed. Matirxx officials have also said that they absolutely disagree with the FDA’s stance that these drugs are dangerous and defective and that they intend to vigorously defend each and every one of these lawsuits. However, Matrixx has started a formal recall of all of its Zicam Cold Remedy Nasal Gel and Zicam Cold Remedy Nasal Swab products in a move to comply with the FDA’s request.
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The General Motors-Chrysler bankruptcy has caused much anxiety among consumers because it seeks to throw out auto product liability and personal injury lawsuits against them. Now, a new report predicts that a loophole created by the bankruptcies of General Motors and Chrysler will make it possible for the companies to avoid issuing product recalls of defective cars that were manufactured prior to the bankruptcy filings.

According to a news article on Consumer Reports, this new report released by Safety Research and Strategies (http://www.safetyresearch.net/chrysler-gm-bankruptcy) looks into the implications of a provision in the GM and Chrysler bankruptcies that allows the automakers to avoid liability for the vehicles made before the bankruptcy. The report projects that based on information provided by both GM and Chrysler and the National Highway Traffic Safety Administration (NHTSA), more than 3,400 Americans will be injured or killed by a defective Chrysler of GM vehicle during the first year after the bankruptcy.
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Most Zicam lawsuit lawyers have seen recent warnings of the drugs effects. These effects can be devastating and the recent warnings about Zicam intranasal products, which are believed to cause a loss of sense of smell among users, is another example of that. A news article in the Associated Press talks about David Richardson of Greensboro, North Carolina, who believed he was taking a “homeopathic cold remedy” when he used Zicam’s cold gel. With one squirt of Zicam cold gel, Richardson lost his sense of smell.

Here’s how Richardson describes his loss to the Associated Press: “It’s like watching a sunset in black and white. The things that you take for granted, not only smelling fresh-cut grass or bread in the oven…you miss those parts of your life. There’s not a day that goes by that you’re not reminded of it.”

The U.S. Food and Drug Administration (FDA) warned consumers against three Zicam products — Zicam Cold Remedy Nasal Gel, Nasal Swabs and discontinued Swabs in Kids’ Size. Apparently, Zicam belongs to an under-the-radar, but legal sector of the drug industry called homeopathic remedies. Many drug injury attorneys have seen these pharmaceutical drugs sold over-the-counter without prescription as legal drugs claiming to treat specific aliments, yet they are not routinely reviewed for safety or benefit by the FDA. Matrixx Initiatives, the company that makes Zicam, still maintains Zicam is safe and has not yet issued a product recall. All that the company has agreed to, so far, is to suspend shipments and reimburse customers who want refunds.
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Most California Zicam lawyers are aware of the recent warnings issued by the U.S. Food and Drug Administration (FDA). The FDA has warned consumers against using three Zicam cold remedy products containing zinc, after receiving more than 130 reports of serious Zicam side effects, particularly loss of the sense of smell. According to the FDA alert, many users said they lost their sense of smell with the first dose of Zicam. Others said they lost their sense of smell after repeated use of the defective Zicam products. The three Zicam products that the FDA is warning consumers against are:

  • Zicam Cold Remedy Nasal Gel
  • Zicam Cold Remedy Nasal Swabs and
  • Zicam Cold Remedy Swabs, Kids Size (a discontinued product)

The FDA is saying that consumers who have been using or are about to use these over-the-counter Zicam cold medications must stop immediately because they are associated with a condition known as anosmia or loss of sense of smell. This condition, officials say, may be either long lasting or permanent. This type of pharmaceutical drug negligence can cause serious problems to anyone that uses these recalled Zicam products.

Loss of one’s sense of smell is a serious problem that can not only adversely affect a person’s quality of life, but it can also be a real danger because it limits a person’s ability to detect the smell of gas or smoke or other signs of danger in the environment. FDA officials have apparently issued Matrixx Initiatives, manufacturer of these defective Zicam products, a warning letter stating that these products cannot be marketed without FDA approval.
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Raptiva brain damage lawyers have continued to see new cases. Recalling the psoriasis drug Raptiva from the market due to possible risk of brain damage has left many psoriasis patients anxious and concerned about the horribleRaptiva side effects they may suffer as a result of taking Raptiva for years. According to an article in Lawyers and Settlements, some Raptiva users have been taking it for years and are just now finding out that they may be at risk for serious brain damage, even death. Genentech, the pharmaceutical company that made this drug, apparently knew about the possible side effects based on tests done overseas. But the results of those tests were never made public here in the United States.

Raptiva users could suffer PML or progressive multifocal leukoencephalopathy that reportedly leads to a deterioration of the nervous system eventually causing irreversible brain damage. Raptiva users with weakened immune systems are most at risk. Longer and continuous use of Raptiva may further increase the risk of severe side effects. The article gives the example of a patient who only took it only for six months and experienced horrible side effects. He had a severe Raptiva allergic reaction. Most patients report experienced a severe burning sensation from head to toe. This patient says that he had to be given morphine by IV because of unbearable pain and that he “looked like I was dipped in the Burger King deep fryer.” Then, he lost use of his legs for close to a week. He ended up spending three months in the hospital.
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Selective Imports, a Los Angeles company that imported 80,000 tubes of toxic toothpaste from China, has pleaded no contest in court and agreed to pay $33,000 in fines to a local charity, according to this news report. The poisonous toothpaste, which was made in China, was apparently sold in the United States as Cooldent. The contaminated Cooldent toothpaste contained diethylene glycol (DEG), which is commonly used to make brake fluid and antifreeze. It is a known liver and kidney toxin. The company continued to sell the toxic toothpaste even after the U.S. Food and Drug Administration had issued a product recall warning consumers about this dangerous and toxic toothpaste product.

The biggest concern is that a majority of the 80,000 tubes of the toothpaste remains unaccounted even as the recall remains in effect. A recent investigation by Channel 10 revealed that the toothpaste was on sale and on shelves in three stores in California. Owners apparently were not aware of the recall. Selective Imports pleaded no contest to selling an adulterated drug product and will be placed on three years probation.
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