Litigation Team Lead by Howard Scher Scores Another Victory in Denture-Adhesive Mass Tort Case; Noted in Law360

The Proctor & Gamble defense litigation team led by Howard Scher and including Richard M. Simins, Gerald E. Burns, Thomas P. Manning, Robert J. Fitzgerald, Elizabeth S. Klaproth, John J. Powell and Cheri Pearce, achieved total victory for client Procter & Gamble at the trial level in the final 12 cases in the Mass Tort Program’s Denture Adhesive Cream Litigation.

A Pennsylvania judge ruled on Friday, February 7 that expert testimony alleging that denture adhesive Fixodent caused permanent neurological damage was found scientifically insufficient to be presented in trial, reported Law360. The article, “Expert Testimony Barred in Denture-Adhesive Mass Tort,” states that four expert witnesses offered testimony in an effort to link a debilitating neurological condition known as copper deficiency myeloneuropathy to the absorption of zinc contained in Fixodent, one of Procter & Gamble Co.’s products. Their opinions were rejected.

The article reported that Judge Arnold New stated, “Plaintiffs’ experts have failed to establish in a methodologically sound manner that denture cream use, in general, results in copper deficiency myeloneuropathy. Furthermore, plaintiffs’ experts have failed to utilize sound methodology to establish a link between Fixodent and copper deficiency myeloneuropathy.”

Law360 reported that the plaintiffs have asked the Superior Court for en banc reconsideration of an earlier decision by then Judge Sande Moss, and an appeal to the Pennsylvania Supreme Court still remains possible. 

Read the full article – “Expert Testimony Barred in Denture-Adhesive Mass Tort” (Law360, February 11, 2014)