The first of dozens of Fixodent denture cream lawsuit has been dismissed after a pretrial judge excluded expert witness testimony from the plaintiffs, About Lawsuits reported.
The suit, filed against Procter & Gamble by Marianne and Daniel Chapman and scheduled to go to trial June 20, was dismissed last month by Judge Cecilia Altonga of the U.S. District Court for the Southern District of Florida.
At least 38 denture cream lawsuits filed against Procter & Gamble and GlaxoSmithKline, which manufactures Super Poligrip, have been consolidated for pretrial proceedings in the U.S. District Court for the Southern District of Florida. The Chapmans' was selected to serve as a bellwether case to give perspective on how the court and juries will rule on issues throughout the proceedings.
Judge Altonga granted a request by the defense attorneys to bar testimony from three experts after she determined that they could not provide a sound rationale for myelopathy stemming from denture cream usage, the article noted.
The Fixodent and Super Poligrip lawsuits claim that the companies failed to warn consumers that these products contain zinc, which allegedly can cause permanent injuries from zinc poisoning, and that the products create copper deficiencies.
The lawsuits also charge the companies with liability, negligence, intentional misrepresentation, breach of express warranty, breach of implied warranty, and violation of the Florida Deceptive and Unfair Trade Practices Act.
