The 2008 publication of a landmark study by University of Texas researchers linking the zinc in denture creams to debilitating nerve damage set the stage for hundreds of lawsuits since filed against blameworthy manufacturers. In the majority of these cases, the defendants are GlaxoSmithKline, which makes Poligrip, and/or Procter & Gamble, maker of Fixodent. The FDA approved denture creams as a Class I medical device more than 30 years ago, and denture cream containing zinc was approved 15 years ago. Class I devices, however, considered low-risk, are not required to list ingredients on their labels, so many denture cream users were not even aware they were ingesting a potentially toxic substance.
Zinc, in moderate doses, is necessary to maintain health. But when large amounts are ingested, it can lead to depletion of copper, which is required for normal brain and nervous system functioning, which can lead in turn to severe nerve damage known as neuropathy. Patients suffering from neuropathy might initially experience poor balance and weakness and numbness in the extremities. Patients in the advanced stages of this condition often lose the ability to walk and, eventually, might suffer total paralysis. Some can only get around with the help of a cane, walker, or wheelchair, and others might require lifelong care. Due to these severe and financially draining side effects, many individuals who suspect the zinc in denture creams caused their neuropathy are suing GSK and P&G for compensation.
Plaintiffs are alleging that denture cream manufacturers failed to warn the public about the risks of using their products. Such claims are based upon product liability laws, which hold entities along a products chain of distribution (including manufacturers, distributors, suppliers, and retailers) responsible for injuries those products cause. Specifically,
denture cream lawsuit plaintiffs are basing their claims on a marketing defect theory of liability (also known as a failure to warn).
When reports of denture cream toxicity began to surface, GSK and P&G maintained that their products were safe when used as directed (that is, not to excess). Nevertheless, GSK took strong action by removing zinc from Poligrip, a move that coincided with an great increase in litigation. P&G, stressing that Fixodent contains half the amount of zinc as Poligrip, continues to market denture cream containing zinc. The fact remains, however, that neither company even listed zinc as a product ingredient until after the University of Texas findings were published in the journal Neurology.
It has been understood for decades that excess zinc can purge the body of copper. In 1992, a study linking copper deficiency to neurological disorders was published. In 2003, a study reported the neurotoxicty of zinc and its ability to cause nerve damage; a similar study was published the following year. Thus the relationship between excess zinc, copper depletion, and neurological problems was established. According to a Vanderbilt University neurologist, who in 2009 published findings that linked the zinc in denture cream to nerve damage, discovering the connection between zinc toxicity and nerve damage could have been done by researching the field.
It is debatable therefore whether GSK and P&G were aware of the dangers of zinc. It can certainly be argued, however, that these companies, which dedicate millions of dollars to research and development each year, reasonably should have known as much (and, furthermore, had a responsibility to warn consumers).
Such arguments will no doubt be made by the lawyers representing injured denture cream users seeking compensation from GSK and P&G. At this stage, the grounds for a lawsuit against a denture cream manufacturer is the presence of the symptoms of zinc poisoning (hyperzincemia), low copper levels (hypocupremia), and/or neuropathy. If you are suffering from the side effects of denture cream poisoning, then you might be entitled to compensation.
To discuss your claim in more detail, call or contact online a lawyer at the Rottenstein Law Group. Our product liability attorneys have experience helping injured consumers like you obtain the compensation needed to recover from the negligence of big corporations. We treat you with the dignity and sympathy you deserve during this trying time and make the process of recovering money as simple as possible.
