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Copyright 2009. Incisive Media US Properties, LLC. All rights reserved. National
Law Journal Online
Page printed from: http://www.nlj.com

Plaintiffs' lawyers are stuck on denture cream lawsuits
Sheri Qualters
June 04, 2009

Plaintiffs' law firms are sinking their teeth into products liability lawsuits
alleging that denture cream products cause zinc buildup in the body and
neurological problems.

A dozen cases pending in federal courts in California, Colorado, Florida, New
York, Ohio, Oklahoma, Pennsylvania and Tennessee are awaiting the result of a
May 28 multidistrict litigation panel hearing in Louisville, Ky. In re Denture
Cream Products Liability Litigation, M.D.L. No. 2051.

The cases target PoliGrip denture adhesive maker GlaxoSmithKline PLC and Procter
& Gamble Co., which manufactures Fixodent, and the companies' subsidiaries.

Scott William Weinstein, an attorney in the Fort Myers, Fla., office of Morgan &
Morgan, said his firm has begun to screen more than 3,000 potential cases and is
ready to bite the bullet on about 40.

"Tens of millions of consumers use these products, PoliGrip and Fixodent, and
you'd be surprised about the demographics," Weinstein said.

Potential clients range from the elderly, who use the product to adhere a full
set of dentures, and younger people, who use denture cream for devices like
bridges, he said.

Weinstein, who is also managing partner of Morgan & Morgan's consumer class
action and mass tort department, filed the motion to consolidate the cases as a
multidistrict litigation on behalf of his clients in a Southern District of
Florida case. Beaver et al v. SmithKline Beecham Corp., No. 0:08-cv-61743 (S.D.
Fla.).

Plaintiff Ronald Beaver's claims in the case include strict products liability
and negligence, and plaintiff Alice Beaver's include loss of consortium.

Weinstein also has a case in the Middle District of Florida. Peterson v.
GlaxoSmithKlein Consumer Healthcare, No. 2:08-cv-00831 (M.D. Fla.).

Weinstein said that Morgan & Morgan is also working closely with New York-based
Parker Waichman Alonso and The Arnold Law Firm in Sacramento, Calif., which
collectively have another 75 cases ready once the multidistrict litigation forum
issue is resolved.

Other plaintiffs' lawyers are putting out feelers for denture cream cases and
looking for a nibble, including Jim Sokolove, chairman of Newton, Mass.-based
Sokolove Law. Last month, Sokolove posted a YouTube video on the dangers of
dental cream use and set up a consumer hotline to screen potential cases.

Long-term usage of the product leads to zinc buildup and neurological problems
because copper and zinc compete to bind to receptors, and the body expels the
copper that isn't absorbed, Weinstein said.

Doctors give zinc to patients with Wilson's disease, a genetic disorder that
causes copper buildup in the tissues, but medical professionals didn't initially
realize that some people's neurological problems could be traced to zinc buildup
from long-term denture cream use, he said.

"It's old science but a new problem," Weinstein said. "People didn't put two and
two together. We need to educate consumers to see if they're using a product
that has zinc."

In a statement, Procter & Gamble said that all Fixodent products undergo
rigorous scientific evaluations and safety testing and are "generally recognized
as safe in the amounts used."

The statement also said P&G estimates that the amount of zinc a consumer could
ingest from daily use of Fixodent is equivalent to about six ounces of beef.

"Zinc is a common ingredient in many over-the-counter products, a variety of
foods and is a vital part of our daily diet," stated Procter & Gamble. "In fact,
zinc supplements are commonly sold."

GlaxoSmithKline and its attorneys on the Southern District of Florida Beaver
case at Tampa, Fla.-based Carlton Fields and Fulbright & Jaworski did not return
calls for comment.