subject: Bellwether Fixodent Lawsuit Could Determine Settlement Amounts [print this page] Bellwether Fixodent Lawsuit Could Determine Settlement Amounts
Those seeking Poligrip and Fixodent lawsuit settlements could soon gain insight on the future of denture cream litigation. The judge overseeing all consolidated federal denture cream lawsuits has ordered that the parties attempt to settle their differences through mediation, a form of alternative dispute resolution, by Monday, March 28. If they are unable to reach an agreement, then a bellwether Fixodent trial is scheduled to begin on June 6, 2011.
Due to the high number of denture cream lawsuits filed against GlaxoSmithKline and Procter & Gamble, all such cases were two years ago consolidated for multidistrict litigation (MDL). MDL allows the pretrial procedures of a large number of similar cases to be centralized before a single federal judge to ensure a consistent outcome of rulings and to conserve the resources of all parties involved. If the court-ordered mediation attempts fail, the first such case, a so-called bellwether trial, will begin.
A bellwether trial is the first or one of the first to be tried among similar cases and the outcome of which is typically expected to reveal, to some extent, how the other cases will proceed. For example, if there is a settlement in the Fixodent case, the amount could influence how much is paid to plaintiffs in other denture cream lawsuits. Or, if the case proceeds to trial, any finding of liability can influence future trials, as can any money award amount.
The case scheduled to begin on June 6 was filed by Marianne and Daniel Chapman of Florida and will be overseen by Judge Cecilia M. Altonaga in the United States District Court for the Southern District of Florida. Compensatory damages are sought for alleged disability, physical and mental pain and suffering, medical bills, lost wages, and other losses stemming from neurological injuries allegedly caused by Fixodent.
Denture cream zinc has been linked to neuropathy by a number of studies that similarly concluded that excessive levels of zinc can cause a copper deficiency which can damage nerve cells. Both Procter & Gamble and Poligrip manufacturer GlaxoSmithKline failed to list zinc as a product ingredient until recently. While GSK now makes many zinc-free Poligrip products, the Fixodent formula has remained unchanged. P&G insists that the denture adhesive is safe when used as directed, and has improved product labeling to ensure that users understand how to properly apply it.
While this might help other Fixodent users from developing neuropathy, the focus of those already injured by the denture cream is recovering financial compensation through a Fixodent lawsuit settlement. Neurological damage caused by zinc poisoning is typically permanent and can lead to lifelong disability, making the recovery of the money needed to pay medical bills and for other losses of the utmost importance. The Rottenstein Law Group understands this, which is why we are dedicated to helping clients get back what is rightfully theirs. To that end, the experienced lawyers of RLG are offering complimentary case reviews. If you believe you or a family member suffered neurological damage caused by Fixodent or Poligrip
