Lack of Causation Testimony Dooms Zicam Lawsuits

LOUISVILLE, Ky. - Judges in two states have dismissed product liability claims against the manufacturer of a prescription nasal gel because the plaintiffs have been unable to find experts who can testify that the cold remedy caused them to lose their sense of smell. Hans v. Matrixx Initiatives Inc., et al., No. 04-540 (W.D. Ky.); Rye v. Matrixx Initiatives Inc., et al., No. 06-3288 (D. Minn.).

The federal courts in Kentucky and Minnesota awarded summary judgment in both cases to defendant Matrixx Initiatives Inc., which has argued that there is no reliable testimony demonstrating that its product caused the injuries …