On June 9, 2009, the Judicial Panel on Multidistrict Litigation (JPML) approved the consolidation of all federal Fixodent and
Poligrip lawsuits for pretrial litigation before Judge Cecilia M. Altonaga in the Southern District of Florida. On June 6, 2011, almost two years to the day after the Multidistrict Litigation (MDL) was ordered, a bellwether trial involving an injured Fixodent user and her husband is scheduled to begin, and should shed some light onto the future of Fixodent and Poligrip lawsuits.
MDL consolidates and centralizes the pretrial procedures of many similar cases before a single judge in order to avoid duplicate discovery (discovery is the process whereby parties gather and share information), prevent inconsistent rulings, and conserve the resources of the parties, counsel, and courts. In order for a case to be approved for MDL, the cases must share at least one question of fact. The JPML, in approving the Poligrip and Fixodent lawsuits for MDL, noted 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. To date, 104 denture cream lawsuits are scheduled for MDL before Judge Altonaga in the Southern District of Florida.
The first of these cases to be tried on June 6 involves Marianne and Daniel Chapman of Florida. According to Mrs. Chapmans claim, Fixodent allegedly caused her to suffer lifelong disability, pain and suffering, disfigurement, emotional trauma, a loss of enjoyment of life, medical expenses and lost wages. The Chapmans charges against manufacturer Procter & Gamble include strict liability, intentional misrepresentation, negligence, breach of warranty, and violation of Floridas Deceptive and Unfair Trade Practices Act.
Among similar cases, a bellwether trial is one that occurs early or is the very first to be tried. It is significant because it provides some insight to the parties involved and the general public about how such cases will proceed, and often influences settlement of the remaining similar cases. Judge Altonaga has ordered that attempts at mediation (a type of alternative dispute resolution) be completed by March 28, 2011. Resolution achieved through mediation could also affect how subsequent Fixodent and Poligrip lawsuits will proceed.
Check in regularly with the Rottenstein Law Group, as we will provide regular updates about the status of the pending denture cream MDL. Keep in mind, however, that the results of litigation and/or mediation should not be considered typical (and furthermore, settlement details will almost certainly be be kept strictly confidential). Because every MDL trial is different, the money awards assigned to individual plaintiffs can vary considerably. The greatest determinants of how much you may be able to recover are the extent of your injuries and the amount of losses suffered.
The quality of your representation also makes a difference in the success of your Poligrip lawsuit. With more than 25 years of experience in product liability law, the Rottenstein Law Group knows how to hold corporate interests accountable for the harm they cause.
