Judge Rejects Plaintiff's Expert's Causation Testimony in Zicam Case

OPELIKA, Ala. - A medical expert who linked a zinc-containing nasal spray to loss of taste and smell failed to show that his opinion was based on sound science and should not be allowed to testify on behalf of a plaintiff who sued the product's manufacturer and several distributors, a federal judge has ruled. Benkwith v. Matrixx Initiatives Inc., et al., No. 04-623 (M.D. Ala.).

In a Dec. 27 decision, Judge Mark E. Fuller of the U.S. District Court for the Middle District of Alabama excluded the testimony of Dr. Bruce Jafek, who had opined that plaintiff Maxine Benkwith's sensory …