Drug Recall Lawyer Blog

NPR reports that GlaxoSmithKline is recalling some of its Poligrip products. The recall applies to Super Poligrip tubes of Original, Ultrafresh and Extra Care. Zinc-containing denture adhesives like Poligrip and Fixodent are the subject of lawsuits around the country. Plaintiffs believe that use of the product can lead to ingestion of excessive zinc, which causes neurological problems.

GlaxoSmithKline agrees that "recent publications suggest that an excessive intake of zinc-containing denture adhesives over several years may lead to the development of neurological symptoms and blood problems such as anemia."

Here is a link to today’s consumer advisory, issued by GlaxoSmithKline. In the ultimate subsequent remedial measure, the manufacturer is now working on zinc-free products.

If you or a loved one have used Poligrip denture cream adhesives and since developed zinc poisoning, call one of our Poligrip denture cream attorneys at 800-553-8082 or get a free online no obligation consultation on your potential Poligrip denture cream lawsuit.

The manufacturers of Super Poligrip, the zinc-containing denture adhesive that can cause numbness, decrease in strength, tingling, balance problems and other issues, has updated its product with a new warning.

Now, consumers are warned that the denture adhesive contains zinc, and that they should talk with their doctor if they are taking zinc supplements because of the potential for zinc-toxicity. It also warns that excessive amounts of Poligrip can cause serious health effects. Finally, diagrams are included detailing proper use, and the labeling informs consumers about how long a tube should last. This is a good step forward. The problem with the adhesive up to now has been that many consumers with ill-fitting dentures use prodigious amounts of adhesive, causing extensive neurological injuries. These warnings may go a long way to prevent further problems.

Continue reading "Super Poligrip Warning Update" »

The Judicial Panel on MultiDistrict Litigation (JPML) just consolidated two product liability cases that we have blogged about, recently.

Fixident and Poligrip Denture Cream, MDL 2051, was approved June 9 (see our previous blog). The GlaxoSmithKline Poligrip Defendants (SmithKline Beecham Corp., GlaxoSmithKline Consumer Healthcare LLC, GlaxoSmithKline Consumer Healthcare, LP, and Block Drug Company, Inc.) supported the Plaintiffs’ motion for consolidation, while the Proctor and Gamble Fixodent Defendants (The Procter & Gamble Manufacturing Co. and The Procter & Gamble Distributing LLC) opposed consolidation. The JPML sent the cases (currently including 12 actions in 11 districts, plus seven tag-along actions) to the U.S. District Court for the Southern District of Florida under the guidance of Judge Cecilia M. Altonaga.

Fleet Oral Sodium Phosphate Solutions, MDL 2066, was approved June 23 (see our previous blog). The motion was made by the sole Defendant, C.B. Fleet, which requested consolidation of all 38 cases spread across 16 district courts (in addition to seven tag-along actions). The JPML ordered that these cases be shipped to the U.S. District Court for the Northern District of Ohio, to be presided over by Judge Ann Aldrich. This is the same court where the Gadolinium litigation is located (though, the Gadolinium cases are before Judge Polster).

For more information on these cases, click the Denture Cream and Fleet Oral Sodium Phosphate links.

We are typically proponents of MDL consolidation and centralization. When sent to a good judge, the system can be very efficient and saves judicial resources and client costs (not to mention, a judge can be a strong proponent of settlement when the cases justify it). Under an MDL, all generic and common discovery can be completed early, then individual cases are usually sent back to their home states for case-specific discovery. This is also a good "holding area" for cases--plaintiffs can have their cases filed, and law firms are not overwhelmed (as they frequently are with drug and device litigation) with too many individual cases going at the same time. In those cases, lawyers spend a lot of time traveling between case management conferences, and it's hard to get actual work done. MDL consolidation solves that problem because one judge oversees all cases, and case-specific conferences are seldom necessary. Furthermore, it avoids inconsistent rulings, and puts all cases in the same discovery posture.

The FDA is highlighting more potential problems with drugs that contain zinc—we blogged earlier about the zinc-containing Fixodent and Poligrip denture cream products. Now, the FDA is advising consumers to immediately stop using zinc-containing nasal sprays. You can view today’s news release here.

There have been over 130 reports submitted to the FDA revealing a potential relationship between three Zicam products (Zicam Cold Remedy Nasal Gel, Zicam Cold Remedy Nasal Swabs, and Zicam Cold Remedy Nasal Swabs, Kids Size). Many reports indicate the loss of smell occurred after one use. A warning letter has been sent to Matrixx Initiatives, the manufacturer, advising them that they cannot market the products without FDA approval.

Lawsuits have been filed against the manufacturer of Zicam products. They post on their website that “No plaintiff has ever won a court case, because there is no known causal link between the use of Zicam Cold Remedy nasal gel and impairment of smell." This ignores the fact that they settled around 340 cases for $11.9 million back in January of 2006. It doesn’t sound like they are being entirely forthcoming, does it?

It’s important to remember—Zicam is an alternative therapy, and is not thoroughly regulated the by the FDA. As a homeopathic remedy, the manufacturer has not had to prove the products’ safety. If they have data showing it is safe, now is the time to do it. And, a company like that should be checking out those 130 reports to determine exactly what happened.

Some products are so ordinary and seemingly simple that we are surprised when problems arise. One series of lawsuits at a potential turning point this month surrounds an every day household item—denture cream. About 34 million Americans use dentures, appliances to replace missing teeth. One-third of those use denture cream to temporarily “glue” the dentures in their mouth, so they can do everyday things like eating apples and talk confidently knowing their teeth will stay in their mouth (you’ve seen the commercials).

The denture cream lawsuits allege that two manufacturers of denture cream, Glaxo Smith Kline (Poligrip) and Proctor and Gamble (Fixodent) failed to warn of the dangers their products pose to users. The science, according to a 2008 article in the medical journal Neurology cited by lawyers, is basically that some users suffer from zinc poisoning. The manufacturers include zinc in their products to help make the dentures stick. That’s not a problem if the dentures are perfectly fitted and consumers only have to use a small amount of cream. However, anecdotally, it seems that most denture wearers complain that they never fit right. The result is that many consumers must liberally apply denture cream in order to keep their teeth locked in place. A company that makes denture cream would probably know that.

Continue reading "Denture Cream Lawsuits Poised for MDL Treatment" »