Archive for the ‘denture cream litigation’ Category

On October, 21, 2009, Eric Chaffin and Roopal Luhana filed a Master Complaint in the Philadelphia, Pennsylvania In re Denture Adhesive Cream Mass Tort Program, June Term, 2009, No. 4534.  The cases are assigned to Judge Sandra Moss in the Philadelphia Court of Common Pleas. 

The Master Complaint is the latest step to protect consumers and follows a new journal article in NeuroToxicology and a new warning label related to zinc for Super Poligrip

The NeuroToxicology article titled “Myelopolyneuropathy and pancytopenia due to copper deficiency and high zinc levels of unknown origin II.  The denture cream is a primary source of excessive zinc” (hereinafter “NeuroToxicology Article”).  The authors of the NeuroToxicology Article, who are researchers in the field of zinc poisoning and copper deficiency, studied 11 patients who had developed significant injuries, including zinc poisoning, copper deficiency and neurological disorders for a period of years. 

The Master Complaint alleges that each of the patients in the study suffered significant neurological and/or hematological injuries like the plaintiffs in the litigation and, for example, are dependent on canes, walkers or wheelchairs for mobility because of their profound neurological injuries.  For many years, the authors and the patients’ treating doctors could not identify the origin of the high blood zinc levels in the patients.  In 2009, the authors contacted the 11 patients and found that all 11 patients used Super Poligrip and/or Fixodent. The authors confirmed through zinc and copper blood tests that each suffered from zinc poisoning and copper deficiency.  The blood levels normalized after the 11 patients ceased using Super Poligrip and/or Fixodent but the neurological conditions, unfortunately, did not improve much, largely because the neurological injuries are significant and not reversible.  The authors concluded that: “It appears the [11 patients'] disease is fully explained by denture cream use.

Bernstein Liebhard partner Eric Chaffin stated, “The NeuroToxicology article is just one of many pieces of mounting evidence that confirms our view that our clients have been poisoned from zinc in Super Poligrip and Fixodent.  We think that the injuries to these patients could have been easily avoided had the companies acted sooner to change their products or at least had provided sufficient warnings about the potential for zinc poisoning.  We believe that the companies knew the amount of denture cream consumers were using and failed to take any steps to prevent people from being poisoned from their over-the-counter products that are easily available to the general public without advice or care from doctors.”

Mr. Chaffin highlighted that GSK recently changed the warnings on Super Poligrip, signaling a move toward full and complete warnings like what he had called for when he appeared on Good Morning America on May 5, 2009 about the litigation.  Mr. Chaffin noted that Super Poligrip now finally comes with a package insert that warns consumers that, among other things, there have been reports of “serious health risks” related to using “excessive amounts” of Super Poligrip.  The insert also provides consumers, for the first time, with a diagram of the “actual size” of a denture cream strip that they should apply to their dentures and states, without qualification, that the consumers should not use Super Poligrip more than once per day.  Mr. Chaffin noted that there are “still conflicting messages from GSK about how to use Super Poligrip and the risks involved with using more than a single limited application per day” but he thinks that the new package insert is “clearly a step in the right direction” after a lot of hard work by his firm and his co-counsel over the past several months on behalf of consumers.
  

If you or a loved one has used Super Poligrip or Fixodent brand denture creams and suffers from neuropathy like symptoms, contact Eric Chaffin or Roopal Luhana at info@consumerinjurylawyers.com or (877) 779-1414.

By order dated June 9, 2009, the Judicial Panel on Multidistrict Litigation (JPML) centralized In re: Denture Cream Product Liability Litigation, MDL-2051, in the Southern District of Florida before Judge Cecilia M. Altonaga, who the JPML said “has the time and experience to steer this litigation on a prudent course.”  The transfer order and MDL denture cream updates are available in the ConsumerInjuryLawyers news section.

The JPML concluded that transfer under “Section 1407 will eliminate duplicative discovery; prevent inconsistent pretrial rulings; conserve the resources of the parties, their counsel and the judiciary.”  The court highlighted that “[t]hese actions share questions of fact arising out of the allegation that the levels of zinc contained in certain brands of denture cream can cause copper deficiency and neurological injuries.”

Bernstein Liebhard’s denture cream lawyers are pursuing denture cream lawsuits against the manufacturers of Poligrip and Fixodent.  We are also actively accepting denture cream case referrals and co-counsel relationships.  Our work on the denture cream litiagion has been the focus of media coverage, including Good Morning America.