A judge has excluded testimony from the plaintiffs’ causation experts in the 12 remaining denture adhesive mass tort cases in Philadelphia.
The plaintiffs sued the makers of the denture adhesive cream Fixodent, claiming that the level of zinc in the adhesive caused them to develop an irreversible neurologic condition related to copper deficiency.
The mass tort was created in 2009 and consisted of suits filed against Procter & Gamble and its subsidiaries, makers of Fixodent; GlaxoSmithKline and its subsidiaries, makers of Super Poligrip (no longer defendants); and the Rite Aid corporation, which sold both denture adhesives.
On April 11, in response to the plaintiffs’ appeal, Judge Arnold New, coordinating judge of the Philadelphia Court of Common Pleas’ complex litigation center, adopted his Feb. 10 memorandum explaining that the experts failed to link Fixodent use with the plaintiffs’ injuries.
“The plaintiffs’ experts have failed to establish in a methodologically sound manner that denture cream use, in general, results in copper deficiency myeloneuropathy,” New said. “Furthermore, [the] plaintiffs’ experts have failed to utilize a sound methodology to establish a link between Fixodent with copper deficiency myeloneuropathy.”
According to New, the plaintiffs alleged Fixodent contained zinc, which can be absorbed in the blood of the user. They went on to claim that excessive zinc in the bloodstream can deter copper absorption, eventually leading to copper deficiency myeloneuropathy.
The defendants filed a Frye motion Sept. 17, 2013, to bar the expert testimony of the plaintiffs’ causation experts. The court granted the defendants’ global motion for summary judgment Feb. 10.
Read more in an upcoming edition of The Legal.