|
Quigley Corp. Lawsuit |
|
|
Quigley Corp. Sued For Smell Loss This article is about nine people who have sued Quigley Corp. for permanent loss of their sense of smell. Quigley Corp. produced a nasal spray version of the cold remedy Cold-Eze. The plaintiffs are seeking compensation for pain and suffering, medical costs and emotional distress. The Plaintiffs complained that they are “robbed of many of the joys of life. Plaintiffs can no longer enjoy the sell of fresh air, of newly cut grass, of a bouquet of flowers, of the taste of a meal.” The nasal spray went on the market in 2003 and it contained zinc gluconate. The olfactory epithelium, the membrane that is essential for smell, is located about 7 centimeters up and into the human nose from the nostrils. Zinc is very toxic to the olfactory epithelium, and therefore can cause smell loss. In class we learned about the negligent tort and the infliction of emotional distress. To show that there was emotional distress, there must be a physical symptom or a physical impact, and a danger zone. The only physical symptom that shows emotional distress that I can think of would be a withdrawal from food, not being able to smell it and all. This would be noticed by significant weight loss. If the plaintiffs encountered these or any other emotional distress symptoms they can sue for pain and suffering. Quigley Corp. does meet the negligence requirements. The duty of Quigley Corp. is to avoid unreasonable risk or harm and to make sure that the object is not dangerous. Quigley Corp. must have not done enough testing on human subjects to make sure it would not harm a person. I believe that Quigley Corp. will lose this lawsuit because they meet the requirements. © Copyright 2004 PurpleFrenzy.com. All rights reserved
|
|
|
Thank you for shopping here. Please bookmark this page. |
