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On October 20, 2009, Bernstein Liebhard LLP 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. A copy of the complaint cant be viewed here.
The Master Complaint alleges twelve separate counts against six defendants, including various GlaxoSmithKline entities (NYSE:GSK) and Procter & Gamble (NYSE:PG) entities. The filing 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 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.
Bernstein Liebhard Partner Eric Chaffin, a leader in this litigation, was quoted in a press release as stating, “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 further highlighted that GSK recently changed the warnings on Super Poligrip, signaling a move toward full and complete warnings as he had called for when he appeared on ABC's 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."
For more information on our current denture cream litigation, or to find out if you or a loved one qualify for a denture cream lawsuit, contact us today.