New York, NY 10/27/2009 10:52:24 PM
Bernstein Liebhard Files Master Complaint in Denture Cream Litigation Following New Study
On October, 21, 2009, Bernstein Liebhard LLP announced that this week the firm is filing 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 alleges twelve separate counts against six defendants, including various GlaxoSmithKline entities (NYSE:GSK) and Procter & Gamble (NYSE:PG) entities. The central allegation in the case is that various brands of Super Poligrip and Fixodent contain zinc that poisoned consumers and led to debilitating hematological and neurological disorders. The filing of the Master Complaint follows GSK adding a zinc related warning label to Super Poligrip and the publication of two journal articles in the respected journals Neurology and NeuroToxicology, which confirm what Plaintiffs’ claim that the defendants have known or should have known for many years—that Super Poligrip and Fixodent can cause the serious injuries alleged in the denture cream lawsuits.
The Master Complaint alleges that GSK and P&G have ignored significant evidence that their Super Poligrip and Fixodent brand denture creams with zinc can cause zinc poisoning, copper deficiency and neurological disorders. The complaint cites to, for example, a 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:
Denture fixatives as a possible source of hyperzincemia was first reported by Spinazzzi et al. (Spianzzi et al., 2007) and later emphasized in the report by Nations, et al. (Nations, et al., 2008). However, the frequency with which denture fixative alone accounts for instances of hyperzincemia previously considered idiopathic is unknown. This prompted us to reevaluate the use of denture fixative in 11 patients in which myelopolyneuropathy was associated with hypocupremia and hyperzincemia. Here we report that all of these patients had a history of poorly fitting dentures requiring application of very high amounts of denture creams. For each patient, cessation of dental fixatives used resulted in dramatic lowering of serum zinc concentration and elevation of serum copper concentration.
* * * *
It appears their disease is fully explained by denture cream use.
(emphasis added).
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.
Mr. Chaffin actively represents dozens of consumers poisoned from zinc in Super Poligrip and/or Fixodent. He is the only attorney in the nation who is playing active roles in both the state and federal court denture cream zinc poisoning litigations. Mr. Chaffin is court-appointed Co-Liaison Counsel in the Philadelphia denture cream Mass Tort Program and he is a court-appointed member of the Plaintiff’s Steering Committee and the Federal-State Court Liaison Counsel in the federal MDL denture cream litigation. Mr. Chaffin, earlier this year, appeared on ABC’s Good Morning America and in other national media about zinc poisoning from Super Poligrip and Fixodent.
Bernstein Liebhard has been representing injured consumers nationwide since 1993. The firm has recovered over $2.5 billion for its clients and class members. The firm was recently in the news for being named, yet again, to the National Law Journal’s Plaintiff’s Hot List of elite plaintiffs firms. Bernstein Liebhard is one of only two firms in the country to be named to the NLJ Hot List for seven consecutive years.
Bernstein Liebhard represents consumers in a variety of lawsuits involving allegedly dangerous over-the-counter products such as denture cream with zinc and pharmaceutical drugs. Bernstein Liebhard’s Yasmin lawyers, including Roopal Luhana, were recently in the news regarding a case they filed against Bayer Healthcare for a California woman who suffered a PE from taking Yaz, a popular oral contraceptive. The firm is handling dozens of cases nationwide for women who suffered Yaz and Yasmin side effects such as PEs, DVTs, strokes, heart attacks and gall bladder disease and are currently accepting cases for review.
A copy of the Master Complaint in the Philadelphia Denture Cream Mass Tort Program is available by contacting Eric Chaffin or Roopal Luhana at info@consumerinjurylawyers.com. The firm’s consumer website, www.ConsumerInjuryLawyers.com, also provides detailed information to consumers about denture cream zinc poisoning.
If you or a loved one has used Super Poligrip or Fixodent brand denture creams and suffers from neuropathy like symptoms, contact the denture cream lawyers at Bernstein Liebhard LLP for a free and confidential case evaluation at info@consumerinjurylawyers.com or (877) 779-1414.
PRESS AND INFORMATION REQUESTS:
Eric T. Chaffin, Esq.
Roopal Luhana, Esq.
Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016
(877) 779-1414
info@consumerinjurylawyers.com
www.ConsumerInjuryLawyers.com
www.BernLieb.com
