North Texas Man Among First to Seek Denture Cream Lawsuit Settlement

North Texas Man Among First to Seek Denture Cream Lawsuit Settlement

The 2008 publication of a University of Texas study linking denture cream zinc to nerve damage is the event that prompted people across the United States to seek a denture cream lawsuit settlement from the makers of Fixodent and Poligrip. But as early as 2006 at least one doctor had perceived the connection between the zinc contained in denture adhesives and neuropathy.

In 2006, JD Jackson of North Texas sought medical help for the deterioration of his body.

"If I come down the stairs, I have to be able to see my feet and hold onto the guardrail," Jackson told WFFA-TV. "[M]y feet are a combination of numb and hypersensitive at the same time."

These symptoms led him to Dr. Vikas Bhushan, a leukemia specialist at the University of Texas Southwestern.

Jackson was suffering from neuropathy, a disorder of the peripheral nervous system that commonly affects diabetics. Jackson is not a diabetic, however, and Bhushan was initially unable to diagnose the cause of his condition.

"When things don't add up, you always try to think outside the box and that's what we tried doing," said Bhushan.

He discovered that Jackson was suffering from zinc poisoning. The suspected source: Jackson's denture cream, Poligrip, which he'd been using daily for eight years. The reason this wasn't apparent from the start: Poligrip's ingredients were not listed on the label.

This lack of warning about zinc and its ability to cause neurological damage by depleting the body of copper formed the legal basis of the lawsuit subsequently filed by Jackson against GlaxoSmithKline. And since the UT study was published in 2008, many more plaintiffs with symptoms similar to Jackson's have come forward and filed claims against GSK and Procter & Gamble, the company that makes Fixodent.

Denture Cream is classified by the U.S. Food and Drug Administration (FDA) as a Class I medical device, a designation reserved for products that pose minimal health risks. As a result, denture adhesive manufacturers are not required to divulge the ingredients of their products. But because of the severe health risks of zinc poisoning, claimants are arguing that manufacturers did indeed have a duty to warn of the dangers posed by zinc. Furthermore, even the FDA seems to be changing its stance on denture cream, as evidenced by the agency's recent admonition to denture adhesive manufacturers.

It remains to be seen whether the courts will side with the plaintiffs in these cases and order manufacturers to pay denture cream lawsuit settlements. This should become clearer in June, when a bellwether trial against P&G is scheduled to begin. The moment that news from this important trial emerges, the Rottenstein Law Group will provide updates. Until then, RLG will continue to offer complimentary denture cream lawsuit evaluations. If you believe you or a family member suffered neurological damage caused by Fixodent or Poligrip, submit your claim to RLG, where a lawyer with more than 25 years of experience in product liability law will consider the details of your case.

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