Canadians Seek Denture Cream Lawsuit Settlements; Poligrip Recalled In Japan
With the approval of multidistrict denture cream litigation in June 2009 and a bellwether trial scheduled for June 2011, there is no lack of attention surrounding the legal actions against manufacturers GlaxoSmithKline (maker of PoliGrip) and Procter & Gamble (which makes Fixodent) in the United States. Less publicized, however, are actions by and against GSK and P&G beyond U.S. borders, including the filing of a denture cream class action lawsuit in Canada and a recall of PoliGrip in Japan.
In September 2010, a Canadian law firm filed suit against GSK and P&G, alleging that the companies failed to provide sufficient warning about the health risks, including severe nerve damage, posed by the zinc contained in their products. Tony Merchant, who filed the suit, said that while the companies have taken measures to increase the safety of Fixodent and PoliGrip, including updating product labeling and usage guidelines, their actions were too little too late. According to the complaint, “Until recently, no mention was made of the potential injuries that can result from using the products. [T]he defendants continued to breach their duty to warn consumers of the risks of using denture adhesives until 2010.” The lead plaintiff in the class action, Hedvig Ahlquist, is suffering from tingling in her limbs and severe pain that prevents her from sleeping. Other plaintiffs have complained of burning sensations and difficulty maintaining their balance. These reported symptoms of zinc poisoning, as well as the charges against GSK and P&G, mirror those in denture cream lawsuits filed south of the border.
Beyond North America, in Japan, GlaxoSmithKline issued a voluntary recall of PoliGrip in March 2010. This news may be puzzling to U.S. denture cream users, as GSK has made no such similar move in this country, where there are more than 35 million denture wearers. A GSK spokesperson explained that the move was not made elsewhere because Poligrip is safe when used as directed. Despite this assurance, GSK nonetheless stopped producing denture cream with zinc nearly a year ago.
Technically, GSK and P&G complied with FDA guidelines, which state that Class I devices such as denture cream are not required to list ingredients. The bigger question, however, is whether the companies violated other U.S. laws that hold manufacturers responsible for the safety of their products. If the courts rule that they did, GSK and P&G will likely be made to pay compensation to injured denture cream plaintiffs.
It is not too late for you to take legal action by filing a lawsuit against a denture cream manufacturer. The Rottenstein Law Group has extensive experience in product liability law and is currently evaluating claims of injured Fixodent and PoliGrip users. If you are suffering from nerve damage and suspect it was caused by the use of denture adhesive, you might be able to obtain a denture cream lawsuit settlements to recoup your losses.
Jimmie M. Miner is a blogger who has the passion in writing and helping people who suffer personal injury through medical malpractice and adverse effects on drugs, especially for denture cream products. This will have updates concerning the issues surrounding the product, especially about denture cream settlements.
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