Man claims Poligrip caused neuro damage

Michelle Massey, East Texas Bureau Aug. 6, 2007, 6:44am

A man who used a denture adhesive now claims the zinc in the product caused neurological damage and has filed suit against the manufacturer.

Smithkline Beecham Corporation, maker of Poligrip, is named as defendant in an East Texas civil action lawsuit filed on Tuesday, July 31.

Through normal and regular use of Super Poligrip Denture Adhesive Cream, plaintiff William Walker alleges injuries which include neurological damages. The complaint states the product did not contain warnings or instructions regarding the hazards of ingestion and absorption of zinc.

Plaintiff's attorney Casey Carlile of Marshall, Texas states Walker's injuries and their relationship to Poligrip were "inherently undiscoverable" and therefore, the discovery rule should not be applied until "discovery of Defendant's tortuous conduct."

The causes of action filed against SmithKline include intentional misrepresentation, products liability through design defects and negligence in "testing, creating, designing, manufacturing, labeling, packaging, marketing, selling and warning." Plaintiff also alleges Defendant committed unlawful marketing activities defined under the Deceptive Trade Practices Act.

Damages are sought for past and future financial losses and medical expenses. The civil action suit states the Plaintiff is entitled to punitive damages due to defendant's alleged disregard of the serious harm of Poligrip.

In a statement released to WFAA of Dallas regarding other PoliGrip civil action suits, GlaxoSmithKline states that it "stands by the safety and efficacy of Super Poligrip, which is approved and regulated by the Food and Drug Administration (FDA)."

The statement continues by describing how with correct use, the majority of the zinc is not released into the mouth but remains in the adhesive and therefore zinc exposure is minimal.

A jury trial is requested with Judge David Folsom presiding.

Case No. 2:07-cv-00320

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