Vianello Forensic Consulting: Plaintiff’s Expert Witness in Zicam Case Stricken

1a0e246a04905771_detail_coldremedynasalgel.xlargeThe latest issue of the Experts Edition of Vianello Consulting’s excellent newsletter series cites the decision of the federal district court for Alabama’s northern district in a products liability case involving Zicam No-Drip Liquid Nasal Gel, a homeopathic cold remedy.

Zicam is intended to reduce the length and severity of colds by placing its active ingredient, zinc gluconate, in direct contact with the nasal epithelial membrane. Plaintiff alleged that the use of Zicam per its instructions caused her to lose her senses of smell and taste because a toxic quantity of its active ingredient came into contact with her olfactory epithelium.

Two issues caused the court to preclude introduction of the plaintiff’s expert. First, the expert relied on studies with cadavers, but the defense was able to show that such studies did not accurately reflect what would happen in living humans who were administered Zicam. Secondly, the plaintiff’s expert relied on studies from the 1930’s and 1940’s that the court found were not relevant to establish causation.

For the Vianello group’s newsletter with a summary of the case click here. To subscribe to future Vianello Group newsletters, go to their site at http://www.vianello.biz.

Benkwith v. Matrixx Initiatives, Inc., — F.Supp.2d —, 2006 WL 3804547 (N.D. Ala., Dec. 27, 2006).

About 

Joel B. Rothman represents clients in intellectual property infringement litigation involving patents, trademarks, copyrights, trade secrets, defamation, trade libel, unfair competition, unfair and deceptive trade practices, and commercial matters. Joel’s litigation practice also includes significant focus on electronic discovery issues such as e-discovery management and motion practice relating to e-discovery.

Joel B. Rothman represents clients in intellectual property infringement litigation involving patents, trademarks, copyrights, trade secrets, defamation, trade libel, unfair competition, unfair and deceptive trade practices, and commercial matters. Joel’s litigation practice also includes significant focus on electronic discovery issues such as e-discovery management and motion practice relating to e-discovery.

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