Texarkana -- After using Fixodent to adhere her dentures, Laura Day of Lamar County states her normal use resulted in absorption and ingestion of zinc. She believes her choice of denture adhesive cream has led to personal injuries including heavy metal (zinc) poisoning and neurological damages.
Day is holding Proctor and Gamble responsible in a suit filed August 8 in the Texarkana Division of the Eastern District of Texas.
According to the Agency for Toxic Substances and Disease Registry, zinc is found in all foods, water, air, and soil. "Zinc is an essential element in our diet. Too little can cause problems, but too much zinc is also harmful."
The plaintiff states defendant Proctor and Gamble is liable through strict products liability including Fixodent's design defects and inadequate warnings regarding its defective condition.
According to the original complaint, further causes of action against defendants include negligence, gross negligence, malice and intentional misrepresentation regarding the safety of Fixodent. Day is asserting that the defendants are liable for breaching implied and express warranties.
The lawsuit states that Proctor and Gamble "knowingly and intentionally engages in false, misleading, and deceptive trade acts in regards to the product safety issues." Continuing, plaintiff states that defendants should be held liable for its unlawful marketing activities under the Deceptive Trade Practices Act.
Day seeks damages for medical expenses, medical monitoring, pain and suffering, mental anguish, loss of enjoyment of life, lost earning capacity and increased likelihood of further developing neurological injuries and sexual dysfunction. The suit states the Plaintiff is entitled to punitive damages due to defendants "conscious disregard of the foreseeable harm."
Plaintiff is represented by Kurt Truelove of the Texarkana, Texas, law firm Patton, Tidwell, and Schroeder and attorney Casey Carlile of Marshall. Plaintiff's attorneys have previously filed a similar suit in Marshal against SmithKline Beecham Corporation, the makers of Poligrip Denture Adhesive Cream.
Jury trial is requested with Judge Folsom presiding.
Case No.:5:07cv00120