Denture adhesive cream mass tort claim filed

By Jon Campisi | May 23, 2011

A North Carolina woman has filed an individual claim in the Court of Common Pleas denture adhesive cream mass tort program, alleging that her use of two brands of the product over an extended period of time caused her various injuries.

Attorney Michelle Tiger, of the Philadelphia law firm Kline & Specter, filed the civil suit May 17 in the Philadelphia Court of Common Pleas on behalf of Debbie S. McRary of Granite Falls, N.C.

The defendants in the case are Smithkline Beecham Corp., Glaxosmithkline Consumer Healthcare L.L.C., Glaxosmithkline Consumer Healthcare, L.P., Block Drug Co., Inc., The Procter and Gamble Distributing L.L.C., and the Procter and Gamble Manufacturing Co.

According to the short form complain, McRary used SuperPoligrip from about 1972 to present, and Fixodent from about 1972 to 2010. The plaintiff alleges that the products caused her to suffer Hyperzincemia, which is an abnormally high level of zinc in the bloodstream, Hypocupremia, which is a copper deficiency, and extensive nerve damage resulting in numbness, a burning sensation and tingling in her legs, and balance problems and difficulty walking, which resulted in her having to get leg braces.

The lawsuit accuses the defendants of negligence, strict liability in both design defect and failure to warn, breach of implied warranties, violation of Pennsylvania’s Consumer Protection Act, common law fraud and gross negligence and malice.

Because the filing was done as a short form complaint, the specifics as to the monetary damages being sought were not immediately listed.

According to the complaint, the plaintiff is entitled to relief because the defendants’ failure to warn was “reckless, egregious and unconscionable.” The suit accuses the defendants of purposely misleading the public as to the safeness of their products.

The plaintiff has demanded a jury trial to resolve the matter.

The case number is 110501912.

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