Two more denture adhesive cream mass tort claims filed

By Jon Campisi | May 31, 2011

Two more men who allege they sustained injuries after using dental products have signed on as plaintiffs in the Denture Adhesive Cream Mass Tort Program at the Philadelphia Court of Common Pleas.

Separate individual claims awaiting mass tort status were filed by an attorney for John Ganzel, of Campton, N.H., and Karl T. Weyhrauch, Jr., of Springfield, MO.

Both short-form complaints were filed on May 25 by attorney Lee B. Balefsky, of the law firm Kline & Specter.

Named as defendants in both suits are The Proctor and Gamble Distributing LLC, The Proctor and Gamble Manufacturing Co. and the Rite Aid Corp.

In his claim, Ganzel states that he used SuperPoligrip from the early 1990s to present time, and Fixodent from the early 1990s to 2010, at which time he was diagnosed with a zinc toxicity and extensive nerve damage, which resulted in tingling, numbness, a weakness in his toes and stomach spasms.

In the Weyhrauch lawsuit, the plaintiff states that he used the Fixodent product from about 1991 to this year, which is when he discovered that he, too, had a zinc toxicity and extensive nerve damage resulting in numbness, tingling, pain and burning of hands, arms, legs and feat, muscle weakness, a loss of balance and dizziness.

In both suits, the plaintiffs accuse the defendants of negligence, strict liability-design defect, strict liability-failure to warn, breach of implied warranties, common law fraud, gross negligence and malice and violating Pennsylvania’s Consumer Protection Act. The Ganzel claim also contains a loss of consortium count.

Both lawsuits say the plaintiffs pray for relief as set forth in the master long-form complaint in the Denture Adhesive Cream Mass Tort Docket.

The case numbers are 110502907 and 110502909.

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