While top-selling brand-name denture creams like Fixodent and Poligrip have garnered most of the attention following the publication of a report linking the adhesives to neurological damage, many are wondering whether makers of off-brand products can be sued in a denture cream lawsuit. The short answer is “yes,” but there are several factors to consider.
Drugmakers GlaxoSmithKline (Poligrip) and Procter & Gamble (Fixodent) have been sued by consumers after a report appearing in the journal Neurology linked denture cream zinc to peripheral nervous system damage[/intlink], which can cause paralysis and has even been blamed for one person’s death. These lawsuits have a basis in product liability law, and they charge that GSK and P&G failed to sufficiently warn consumers about the health risks of their products. This allegation seems to be well-founded, as neither manufacturer listed zinc as a denture cream ingredient or provided directions for safe use until after the groundbreaking study was published in Neurology.
Extending this reasoning to denture creams generally, there is no reason why similar charges could not be leveled against the manufacturers of off-brand dental adhesives as well, provided that their products also contained zinc and did not provide (adequate) directions for safe use. GSK and P&G are huge international corporations that sell household name products, which partially accounts for why they have been in the spotlight and on the receiving end of most denture cream lawsuits filed to date. But in the eyes of the law, a generic manufacturer and a multi-million dollar company are equally blameworthy if either violated a duty to protect consumer health.
With this in mind, you should make an effort to find out whether the generic denture cream you have been using contains zinc and, if so, whether instructions for safe use are provided. The easiest way would be to check the tube of denture cream itself. You should also take a look at the box it came in and any insert or other instructions that came with the product. If the manufacturer or product has a Web site, you might also want to spend some time navigating it to see if there is any information available there. If there isn’t, you could attempt to contact the company for answers.
The other thing you’ll want to do is visit your doctor for evaluation. This should be done as soon as possible, as testing positive for hyperzincemia (high zinc levels) or hypocupremia (low copper levels) is necessary in order to obtain a denture cream lawsuit settlement from a product manufacturer. Be sure to mention to your physician that you suspect your symptoms of neurological damage] (including numbness and tingling in the extremities, difficulty walking and balancing, unexplained pain and weakness, and paralysis) are caused by denture cream zinc. Some doctors may be unaware of the link between denture cream and nerve damage, making a misdiagnosis possible.
Once you’ve gotten the facts about your denture cream and undergone medical testing, the next thing you should do is contact the Rottenstein Law Group. RLG, a firm whose lawyers have more than 25 years of experience in product liability law, is currently offering complimentary evaluations of Poligrip and Fixodent claims in addition to generic denture cream lawsuits. Our lawyers know how to get tough with negligent companies and demand compensation for our clients, but will treat you with the dignity and respect you deserve. To get started with your free case review, fill out this form or call 1 (888) 976-8529.