Of Day Jobs, Dentures and Tort Deform


So far in 2010, I haven't been able to blog as much here at the Agonist as I'd hoped to. Much of this has to do with increased family obligations now that my wife is working full-time again. Being a dad is great fun but also hard work and not something you can do while "multi-tasking".

Other obligations have also been eating up my time. One of the most interesting projects I've been working on is an endeavor to warn people of the dangers presented by denture creams such as Fixodent and Poligrip.

This will shock some of you, and others will not be surprised, but the relatively high levels of zinc present in these products present a very real danger to people with poorly fitting dentures who use a lot of adhesive to keep their false teeth in.

My clients have launched a web site called "Denture Cream Justice" where you can learn more than you ever wanted to know about neuropathy, the terrifying nerve syndrome caused by zinc overdose.

The reason I'm bringing this up at the Agonist is to emphasize the important role the plaintiff's bar plays in policing corporate power. GlaxoSmithKline has pulled their zinc-containing denture creams from the market due to the pressure of the law suits and bad PR they're facing.

Like unions and every other counter-balancing force to utterly unfettered corporate power, trial lawyers have been under siege for the past fifteen years. Our right to sue those who injure us has been collateral damage -- although some would say that was the target the whole time.

Here's more from my client, Edward Blizzard, writing on Huffington Post about GlaxoSmithKline's decision to pull denture creams containing zinc from the market:

On February 18, GlaxoSmithKline, the maker of popular denture cream products such as Super Poligrip, announced that it would remove zinc from all of its denture products. The company cited consumer safety concerns as the impetus for its decision and in a letter to doctors wrote that "long-term excessive use of GSK's zinc-containing denture adhesives" poses a potentially serious health risk.

The pharmaceutical giant went on to state that in 2009, it received "an increased number of adverse event reports" associated with its denture cream adhesives and that together with recent medical literature, evidence is mounting that denture creams laced with zinc can be not only dangerous, but crippling. Still, the company's willingness to take responsibility for the safety of its products ends there.

In the same letter to doctors, the company wrote "patients who have used Super Poligrip...in accordance with the instructions may continue to do so safely." What the company fails to note is that for decades, its products carried no dosage instructions or warning about zinc at all. The products' packaging simply told consumers to "start with a small amount" and "use more if needed." Only within the past year did the company acknowledge the dangers associated with its product in a package insert.

Facing an ever growing number of lawsuits from consumers left permanently disabled by its products, Glaxo is utilizing a strategy that corporations often employ when confronted by their own malfeasance: blame the victim. But the company acknowledged that consumers who used excessive amounts of its product did so because they had poorly fitting dentures, which are quite costly to replace. Without clear instructions from the manufacturer, and a warning about the risk of poisoning, consumers cannot be expected to know how much of the product they can safely use.


Nat Wilson Turner March 16, 2010 - 12:04pm
( categories: Liberties )

A good pushback on the corporate thing might be to get corporations on the ballot in local and national elections. Ones with foreign connections preferably. That would point out the absurdity of corporate involvement in our political process.

http://thinkprogress.org/2010/01/28/corporation-election/

JT March 16, 2010 - 2:17pm

click here.

For every legitimate class action suit (that makes lawyers richer than the victims)there are dozens of frivolous suits brought against people for the simple reason that lawyers know that justice in America costs money--a LOT of it--and that threat of suit (and the costs of a defense) will significantly impact on behavior.

I personally have been sued frivolously, and in each of the three cases, I "won"....but winning cost me over a grand each to defend myself, which was exactly what the opposition counted on. I once sued a lawyer for $3 grand for nonpayment of services and won, only to then be countersued on the most ridiculous of premises by his pro bono attorney. My $275-an-hour shyster advised me to withdraw or else risk spending three times that to defend myself.

Lawsuits are like guns--it depends on the individuals holding them whether they'll be used for good or evil. But it pays to regulate them!

"Lord! What Fools these Mortals be!"

Doug Richardson March 16, 2010 - 2:22pm

that tort reform, as currently practiced, does less than nothing to help out individuals targeted by frivolous lawsuits. It strictly protects big money interests from paying for the harm they cause people.

Nat Wilson Turner March 16, 2010 - 2:45pm

Are all poisonous. Including iron in excess.

None of them should be put in or on the body.

Zinc's in the same column (group) as Cadmium & Mercury in the periodic table. It will have a similar affect on the body as the other heavy metals in this group.

Synoia March 16, 2010 - 3:59pm

zinc is actually an essential mineral for good health, but taken in excess it inhibits the absorption of copper and other minerals.

Nat Wilson Turner March 16, 2010 - 11:59pm

Being a full time dad IS multitasking ;)

Good luck with the case.

zot23 March 16, 2010 - 8:02pm

You may also want to look at Matrixx Initiatives and their Zicam nasal products. They're coming under the gun of the FDA. And because of that, a litany of lawsuits, which they've faced in the past and won.

The short scenario, people using Zicam nasal products are claiming it caused them to loose their sense of smell due in part to the zinc. The FDA put out a warning against Zicam since Zicam is a homeopathic remedy and not a clinically tried drug. Now everyone is lawyering up. But given the pure statistics in the few complaints the FDA received, it's hard to figure out why the FDA is gunning for Matrixx. Regardless, Matrixx did a voluntary recall of their product, but I've seen at many of my local grocery stores and pharmacies.

All that said, on the topic of metals, I'm a little more concerned about the use of Aluminum in our food and beverage storage and also in deodorants. I'm curious when that will hit the mainstream.

Silent Autumn March 16, 2010 - 10:37pm

by Procter & Gamble, has lower levels of zinc than Poligrip, but I note the spokesman said it had no plans to change Fixodent it is safe when used as directed. Having to keep relining dentures is an expensive proposition and people are forced to use adhesive but should try not to use on a regular basis. Relining is a better alternative when adhesive becomes a daily necessity. Denture wearers normally have two sets.

Canada's tort laws are much different than those in the United States. Financial limits are placed on most awards and frivolous suits are not the norm--they're thrown out before the decision stage. (Critics decry the way torts are treated here.)

canuck March 19, 2010 - 3:06pm

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