Denture Cream Lawsuits | PoliGrip Lawsuits Against GlaxoSmithKline PLC & Fixodent Lawsuits Against Proctor & Gamble Consolidated In An MDL Proceeding

On June 9, 2009, the Judicial Panel on Multidistrict Litigation (JPML) issued a transfer order centralizing In re: Denture Cream Product Liability Litigation, MDL-2051, in the Southern District of Florida before United States District Court Judge Cecilia M. Altonaga.   The Fixodent lawsuits were brought against  Proctor & Gamble, while the PoliGrip lawsuits were brought against GlaxoSmithKline PLC.   The plaintiffs in these  lawsuits allege that zinc in the Poligrip and Fixodent denture creams caused them to suffer neurological problems.

There were at least 18 individual cases consolidated in the multidistrict litigation, including 14 denture cream lawsuits against GlaxoSmithKline PLC who manufactures Super PoliGrip and four lawsuits against Proctor & Gamble who manufactures Fixodent. If the Fixodent and Poligrip lawsuits consolidated in the MDL are not settled during the pretrial litigation, the Fixodent and Poligrip cases will be transferred back to the court where they were originally filed to be tried individually.

The JPML concluded that transfer under “Section 1407 will eliminate duplicative discovery; prevent inconsistent pretrial rulings; conserve the resources of the parties, their counsel and the judiciary.” The court highlighted that “[t]hese actions share questions of fact arising out of the allegation that the levels of zinc contained in certain brands of denture cream can cause copper deficiency and neurological injuries.”

Multidistrict litgation is litigation comprised of multiple civil cases involving one or more common questions of fact, but the cases are pending in different districts. Such actions may be transferred to any single district for coordinated or consolidated pretrial proceedings. These transfers are made by the United States Judicial Panel on Multidistrict Litigation authorized by 28 U.S.C. § 1407.  Actions are transferred for the convenience of the parties and witnesses and to promote the just and efficient conduct of such actions. More information on multidistrict litigationor MDLs can be obtained from the United States Judicial Panel on Multidistrict Litigation.