Denture cream lawyers around the country are recovering from what seems a powerful blow to pending denture cream zinc poisoning lawsuits. The first bellwether trial, a Fixodent lawsuit, has been dismissed by a federal judge in Florida, who threw out the plaintiff’s expert testimony, leaving her no way to show that Fixodent caused her heath problems. The dismissal sets a disturbing precedent for others seeking compensation for denture cream zinc poisoning, but as this was only one of nearly 40 cases consolidated in the U.S. District Court for the Southern District of Florida, speculation implies that denture cream lawyers who can gather more solid scientific evidence may fare better in future trials.

Florida woman suffers from denture cream zinc poisoning

Marianne Chapman of Florida filed a Fixodent lawsuit against Proctor and Gamble after suffering what she believed was denture cream zinc poisoning. “I woke up and had no feeling in my hands,” she said. Though she admitted to using more Fixodent for her poor-fitting dentures than what was suggested on the label, she claimed that Proctor and Gamble failed to warn about the dangers of the zinc in the formula, and thus owed her compensation for her medical expenses, pain, lost wages, and suffering.

Though other manufacturers of denture creams have settled similar cases with denture cream lawyers outside of court, Proctor and Gamble has stated that their product is “generally recognized as safe in the amounts used,” and plans to continue fighting the cases filed over Fixodent denture cream. This first “victory” seems to show that their plan is working.

Scientific evidence needed to prove denture cream zinc poisoning

Denture cream lawyers for Mrs. Chapman planned to call three expert witnesses to testify on zinc poisoning, copper deficiency (caused by too much zinc in the bloodstream), and myelopathy (spinal cord damage). Proctor and Gamble requested the judge deny the expert witnesses from testifying, claiming they weren’t experts on denture cream zinc poisoning.

Judge Cecilia M. Altonega agreed with the defendants, ruling the opinions of the witnesses were not based on enough scientific evidence, and therefore could not be allowed to present their theories to a jury.

“Hypotheses are verified by testing,” she ruled, “not by submitting them to lay juries for a vote.”

Since the plaintiffs had no other admissible evidence that Fixodent had caused Mrs. Chapman’s denture cream zinc poisoning, Judge Altonega dismissed their claim.

Denture cream lawyers must learn from Fixodent lawsuit

This is only the first of many Fixodent lawsuits, but since it was a bellwether case, it did set a concerning precedent for others who have hired denture cream lawyers. Other bellwether cases have been contradicted in the past, however. What plaintiffs need in future cases is clearly more solid scientific support for the link between the use of denture creams and denture cream zinc poisoning.