MARSHALL – A Marshall resident and an Arizona resident believe they are the victims of zinc poisoning and possible neurological damages caused by their ingestion of Super Poligrip Denture Adhesive Cream.
Arguing the product was defective and unreasonably dangerous, Dani Arnold and Nathan Kuester filed a product liability lawsuit against Smithkline Beecham Corp. and Block Drug Co. Inc. on Oct. 9 in the Marshall Division of the Eastern District of Texas.
According to the complaint, zinc poisoning and a resulting copper deficiency can lead to loss of balance, paralysis, tingling, numbness, pain and other neurological problems.
The plaintiffs argue that the defendants' products did not contain any product warnings or instructions explaining the health hazards associated with the absorption and ingestion of the denture adhesive.
Arnold and Kuester state that they are now "subject to an extraordinarily increased likelihood of developing neurological injury, sexual dysfunction and other complications."
Causes of action filed against the manufacturer's include strict products liability, design defect, marketing defect-inadequate and improper warnings, negligence, intentional misrepresentation, negligent misrepresentation, breach of express and implied warranties, unlawful marketing activities and deceptive trade practices.
The lawsuit states that the defendants are negligent for failing to adequately warn, failing to use reasonable care in testing and inspection, failing to implementing a safe design and failing to use reasonable care in the process of manufacturing of Poligrip.
The plaintiffs are seeking damages for medical expenses, medical monitoring, pain and suffering, mental and emotional anguish, anxiety, loss of enjoyment of a normal life, physical impairment, disability, disfigurement, lost earnings and loss of earning capacity, prejudgment interest and attorneys' fees.
Also seeking punitive damages, the plaintiffs argue that the defendants continue "to design, manufacture, market, distribute, and sell their respective product so as to maximize sales and profits at the expense of the public's health and safety and in conscious disregard of the foreseeable harm."
The plaintiffs are represented by Texarkana attorney Kurt Truelove of the law firm Patton Tidwell and Schroeder LLP and Marshall attorney Casey Q. Carlile of The Carlile Law Firm LLP.
U.S. District Judge T. John Ward has referred the case to Magistrate Judge Charles Everingham for pretrial proceedings.
Jury trial is requested.
The case will likely be transferred to the multidistrict litigation pending in the Southern District of Florida for pretrial proceedings. (MDL- 2051 In Re: Denture Cream Products Liability).
Case No 2:09cv00314