Denture Cream Justice Blog
USA Network Show ‘Royal Pains’ Features Zinc Poisoning Story Line
This week’s USA Network episode of ‘Royal Pains’ featured a man who suffered zinc poisoning from his denture adhesive cream. The show’s main character, Dr. Hank Lawson diagnosed his patient, a young bodyguard who had lost his teeth on the job, when he noticed that the man had a pair of novelty dentures displayed in his living room. Explaining the diagnosis to his patient, Dr. Lawson said:
This adhesive has high levels of zinc. Your body’s been absorbing it – too much of it – which is what I think has been causing your lack of balance, muscle weakness and your numbness…Zinc toxicity causes low levels of copper. I mean, I never would have thought to ask a guy your age about dentures but you can’t use this adhesive anymore. You can keep your teeth. You just need to use better fitting dentures and adhesive cream without zinc.
Watch the full episode here.
Ed Blizzard discusses the dangers of zinc in denture cream
Former Client Feature – Tanner and Levi Woody
In August 2000, 41 year-old Doug Woody went to a park near his home to jog. While he was stretching, he felt a pop in his head and developed a terrible headache. The pain in his head worsened to the point that he decided to drive to the hospital. When Doug found he could not make it to the hospital, he stopped at a fire station for help. He was driven by ambulance to the hospital where it was discovered that he had suffered a subarachnoid hemorrhage, also known as a hemorrhagic stroke. Doug 
died shortly thereafter, leaving his two young sons, Tanner and Levi without a father. Tanner was seven when his dad died. Levi was five.
Doug had been taking a dietary supplement known as Metabolife 356 to lose a bit of weight and boost his energy. Metabolife contained ephedra, which was later banned by the FDA due to its association with heart attacks, strokes and other cardiovascular injuries. When Tanner and Levi’s mother saw an ad about Metabolife causing strokes and heart attacks, she called the number. The case was referred to Blizzard, McCarthy & Nabers, who filed a wrongful death suit against Metabolife on behalf of Tanner, Levi and Doug’s parents. The case eventually settled prior to trial.
Although nothing can bring back Doug Woody, Blizzard, McCarthy & Nabers wanted Tanner and Levi to be compensated for their father’s premature death. Tanner is now a junior in high school, and enjoys playing soccer for his school’s JV team. He plans to attend Texas A&M University to become an engineer. Levi is now 15 years old. He is a freshman in high school. He plays the baritone saxophone in the high school band, and also plays soccer. He wants to go to Texas A&M and become a veterinarian. Tanner and Levi miss their dad very much, but they are doing well and have a bright future ahead of them.
Procter & Gamble Posts Zinc Warnings on Web Site, More Needs To Be Done
Procter & Gamble, makers of Fixodent denture cream, has added a warning to their DentureLiving.com web site:
CAUTION: Contains zinc (less than 4%). Some reports suggest that excessive and prolonged zinc intake may be linked to adverse health effects. Use as directed and consult doctor if taking other products containing zinc.
While Procter & Gamble should be commended for belatedly taking this step to warn consumers of the considerable dangers presented by the zinc present in their Fixodent products, it really is a case of too little, too late.
GlaxoSmithKline, makers of Super Poligrip, has recently pulled their denture creams containing zinc from the market and sent letters to doctors warning of the potential dangers presented to users of their products.
Procter & Gamble needs to do more than offer a belated and understated warning to those people visiting their web sites. They have still not taken adequate action to protect consumers from this serious threat to public health. The fact remains that it is still possible for consumers to follow the instructions for use of Super Poligrip and be afflicted by the symptoms of zinc poisoning.
Until these dangerous products are removed from the marketplace, denture wearers remain in danger.
For more information on the symptoms of denture adhesive cream zinc poisoning, please visit our Denture Cream FAQ page.
For more information about Blizzard, McCarthy & Nabers, please visit our About Us page.
Denture Cream Maker Warns Doctors of Product Dangers
GlaxoSmithKline Continues to Blame Patients Crippled by Poligrip
HOUSTON, March 3 — Pharmaceutical giant, GlaxoSmithKline (GSK), has taken the extraordinary step of warning doctors about the dangers posed by its denture cream, while continuing to blame and mislead patients crippled by its products. On February 18, the company announced that it would remove zinc from all of its denture adhesive products, citing concerns about the “safety and health” of its consumers. GSK has added the potentially hazardous mineral to its adhesives for decades, despite overwhelming evidence that consuming large quantities of zinc over an extended period of time can cause serious neurological damage.
On the same day it announced that it would discontinue using zinc, the pharmaceutical giant sent a letter to doctors across the country warning them of the “potential health risk” posed by “long-term excessive use of GSK’s zinc-containing denture adhesives Super Poligrip ‘Original’, Super Poligrip ‘Ultra Fresh’, and Super Poligrip ‘Extra Care.’” [PDF] The letter stated that in 2009, the company had “received an increased number of adverse event reports” that together with recent medical literature suggest that there were serious dangers associated with denture adhesives spiked with zinc.
Even as Glaxo warned doctors of the dangers posed by its denture cream, the company continued to blame users of its products, writing, “some patients apply more adhesive than directed and use it more than once per day.”
Leading pharmaceutical attorney, Ed Blizzard of Blizzard, McCarthy & Nabers, noted that Super Poligrip lacked any labeling warning of these risks until recently. “It is more than a little unfair to blame denture wearers for using the product as needed. These victims weren’t eating their adhesives like frosting. They were merely trying to keep their dentures in their mouth.”
Currently, about 70 lawsuits have been consolidated into multi-district litigation in Miami against both GlaxoSmithKline and Proctor & Gamble, makers of denture adhesive containing zinc. And at least 20 other mass tort claims have been filed in Philadelphia, where GlaxoSmithKline’s headquarters are located. Recently, Blizzard was named to the Plaintiffs’ Steering Committee for the Miami MDL.
While GSK’s decision to remove zinc from its adhesives bodes well for future consumers of its products, Fixodent, made by Proctor & Gamble, still contains the mineral. It’s crucial that anyone currently using either Poligrip or Fixodent and experiencing weakness or numbness seek medical attention immediately. For more information about the dangers of zinc and denture adhesives, please visit www.denturecreamjustice.com.
Blizzard, McCarthy & Nabers, LLC, one of the nation’s leading pharmaceutical litigation firms, represents thousands of clients harmed by dangerous drugs and medical devices and has taken on some of the world’s largest corporations, including Bristol-Myers, GlaxoSmithKline, Merck, Pfizer and Dow Chemical.
For more information on the symptoms of denture adhesive cream zinc poisoning, please visit our Denture Cream FAQ page.
For more information about Blizzard, McCarthy & Nabers, please visit our About Us page.
What is peripheral neuropathy?
Blizzard, McCarthy & Nabers medical consultant, Glenda Grainger, R.N., answers the question, “What is peripheral neuropathy?” Watch the video.
For more information on the symptoms of denture adhesive cream zinc poisoning, please visit our Denture Cream FAQ page.
For more information about Blizzard, McCarthy & Nabers, please visit our About Us page.
Leading Denture Cream Litigation Firm Welcomes GSK Announcement of Removal of Zinc From Its Denture Creams
Untold Numbers of Consumers Still Left Disabled By Its Products
WASHINGTON, Feb. 18 — GlaxoSmithKline, the maker of popular denture adhesives Poligrip and Super Poligrip, announced today that it will remove zinc from all of its denture adhesive products. The pharmaceutical giant has added the potentially hazardous mineral to its adhesives for decades, despite overwhelming evidence that consuming large quantities of zinc over an extended period of time can cause serious neurological damage.
The leading national pharmaceutical litigation firm, Blizzard, McCarthy and Nabers, which represents dozens of consumers poisoned by denture cream zinc, welcomed the announcement:
“Representing dozens of patients poisoned by zinc in denture cream, we have seen the damage wrought by this toxin,” said attorney Ed Blizzard. “Today’s announcement is a responsible action for GSK to take and a victory for consumers. Unfortunately, it comes far too late for the hundreds – if not thousands – of people who have been crippled by zinc poisoning. While we applaud the efforts of GlaxoSmithKline to make their products safer, the reality is, it should have removed zinc from its adhesives years ago.”
Currently, about 70 lawsuits have been filed in Miami’s Multi-District Litigation against both GlaxoSmithKline and Proctor & Gamble, makers of denture adhesive containing zinc. And at least 20 other mass tort claims have been filed in Philadelphia, where GlaxoSmithKline’s headquarters are located. Recently, Blizzard was named to the Plaintiffs’ Steering Committee for the Miami MDL.
“While today’s announcement is a positive step, consumers are still largely unaware of the dangers posed by zinc-laced denture adhesives,” said Scott Nabers, partner at Blizzard, McCarthy and Nabers, who is handling the firm’s cases in the Philadelphia Mass Tort Program. “Poligrip products are also not the only adhesives on the market spiked with the mineral. Procter & Gamble, the makers of Fixodent, should also withdraw it’s zinc-containing denture cream product as it carries the same zinc poisoning risks to consumers.”
Over the last two years, three separate scientific studies have reported a direct connection between the use of zinc-laden denture adhesives and serious neurological disorders such as neuropathy. A 2008 study published in Neurology concluded, “chronic excessive use [of denture adhesives] may result in…serious neurological disease.” Another study published last year in NeuroToxicology identified 11 patients suffering zinc-related neurological damage and concluded that the “use of denture cream appear[ed] to be the sole source of excess zinc in these patients.”
GSK’s statement on its decision to remove zinc from its products can be found here: http://www.gsk.com/media/denture-adhesive.htm.
For more information, see stories in the Fort Worth Star-Telegram and the St. Petersburg Times.
Blizzard, McCarthy & Nabers, LLC, one of the nation’s leading pharmaceutical litigation firms, represents thousands of clients harmed by dangerous drugs and medical devices and has taken on some of the world’s largest corporations, including Bristol-Myers, GlaxoSmithKline, Merck, Pfizer and Dow Chemical.
For more information on the symptoms of denture adhesive cream zinc poisoning, please visit our Denture Cream FAQ page.
For more information about Blizzard, McCarthy & Nabers, please visit our About Us page.
Why Are The Store Shelves Free of Zinc Free Denture Cream?
Recent media attention and lawsuits have focused on the crippling, and sometimes deadly injuries caused by the zinc in denture cream. Glaxo Smith Kline and Procter & Gamble have made zinc containing denture cream products Super Poligrip and Fixodent for years. And despite the media attention and lawsuits, they continue to stock the store drug store shelves with those products.
But Glaxo and P&G also now make denture cream without zinc in it that they oddly call Super Poligrip Free and Fixodent Free. How do you make a product free of itself? Will the new Toyotas with improved brakes be called Toyota Free?
If you look for Super Poligrip Free or Fixodent Free at your local Walgreens you won’t find it on the shelves. Nor you will you be able to find it at CVS, Walmart, or any other large drug or grocery chain store. We haven’t searched all the mom and pop stores for it, but we would wager that it is not available in them either, because incredibly the Glaxo and P&G web sites do not list the products.
Where you can find the Super Poligrip Free and Fixodent Free is on the web site of drugstore.com. But if you are looking for information about the products being zinc free you won’t find it there. The advertisements for the products say they are “free of artificial flavors and colors” and that Super Poligrip Free “helps you enjoy more of your favorite foods”; but there is nothing that informs the consumer that the products are free of zinc. Amazon.com also offers Super Poligrip Free and under product features it lists “free of artificial flavors” and “new and improved hold and ooze tip control” but says nothing about the product being zinc free.
So why would you make a product and make it so hard to find? The obvious answer is that Glaxo and P&G still do not want to admit that there is anything wrong with having zinc in Super Poligrip and Fixodent. If they advertise the products as being “zinc free” some consumers who are happily buying Super Poligrip and Fixodent without knowing about the health risks of zinc might start asking tough questions. One of those questions is posed on the web site Dental-Professional.com. It asks, “Why are you now offering a zinc free Super Poligrip adhesive formula? Is it because of the lawsuits that have been in the news?” The answer provided by Glaxo is, “No the zinc free formula was developed in reaction to consumer feedback regarding the taste of the product. Super Poligrip offers several different varieties based on consumer preference. Super Poligrip Free is for consumers who prefer a denture adhesive that is free of artificial flavors and colors.” And if you believe that, I have a Toyota for sale with excellent brakes.
For more information on the symptoms of denture adhesive cream zinc poisoning, please visit our Denture Cream FAQ page.
For more information about Blizzard, McCarthy & Nabers, please visit our About Us page.
Part I of a II Part Series on “What Happens When You File a Lawsuit”
Part I – The Discovery Process
by Holly W. Gibson
Once a lawsuit is filed, the parties to the lawsuit begin the process of gathering information and evidence that may ultimately be used at trial or as part of their settlement negotiations. This process is known as “discovery.” The basic rule of discovery is that a party may obtain any information that relates to any issue in the lawsuit as long as that information is not privileged or otherwise protected. Discovery can be used to seek information not only from the parties to the lawsuit, but also from persons and entities that are not directly involved in the lawsuit, such as a healthcare providers or a pharmaceutical company’s marketing and advertising consultants.
In pharmaceutical mass tort cases, some examples of evidence that is subject to discovery include medical records confirming a plaintiff’s injuries and pharmacy records evidencing “proof of use,” that is, proof that the plaintiff was prescribed and consumed the product at issue. Because some pharmaceutical cases involve over-the-counter products (denture cream, dietary supplements), proof of use may be established by other means such as product receipts, packaging materials, remaining product in the plaintiff’s possession, or by notations to product use in the plaintiff’s medical records.
In most cases, discovery is typically conducted through the following tools:
● Interrogatories. These are written questions one party sends to the other to be answered under oath.
● Requests for Production. These are written requests for production of physical evidence such as medical, pharmacy, billing, and income records, or to inspect physical evidence such as remaining product in a plaintiff’s possession.
● Requests for Admissions. These are written requests by which one party asks the other party to admit, under oath, that certain facts are true or certain documents are genuine. These requests are generally used to save time and to narrow the issues at trial.
● Depositions. During a deposition, a party’s lawyer conducts face-to-face questioning of the other party or a witness to the events leading up to the lawsuit. The person being questioned swears an oath to tell the truth just as he or she would do if giving live testimony before a judge or jury. The deposition is transcribed by a court reporter and is often videotaped so the transcript and/or video of the deposition can later be used at trial.
In mass tort litigation, the presiding judge may take steps to consolidate discovery in order to promote efficiency and avoid duplicative and overly burdensome discovery. For example, instead of permitting a defendant to serve multiple and varying sets of written discovery on the plaintiffs, the court may approve a “Plaintiff’s Fact Sheet,” which is a uniform questionnaire completed by a plaintiff with the assistance of his or her counsel. The fact sheet provides basic information about the plaintiff (date of birth, place of birth, marital status) as well as more specific information (date of injury, type of injury, names of treating physicians). The fact sheet is often accompanied by authorizations which when signed by the plaintiff allow the defendant to order medical and employment records. Once this basic information and records are gathered, a plaintiff may be asked to give a deposition in the presence of his or her counsel.
Just as a defendant is entitled to discover information known only to the plaintiff, the plaintiff is likewise entitled to discover information known only to the defendant. In mass tort litigation, defendants are often required to produce millions of pages of internal company documents and communications which often reveal a company’s knowledge of a product’s risks and the company’s efforts to conceal or downplay those risks in order to protect profits. Plaintiffs are also entitled to take the depositions of a defendant’s employees to obtain more information on these and other related issues.
Generally in mass tort litigation, a presiding court will allow the parties a limited amount of time to conduct basic fact discovery through a Plaintiff’s Fact Sheet, document production, and depositions of the defendants’ employees. Once basic discovery is concluded or reaches near conclusion, the court may initiate a process by which a small number of “bellwether” cases are selected by the parties and/or the court to be tried. Bellwether trials offer a picture of how different juries view the cases across the spectrum of the litigation. Court often choose the bellwether approach when a large numbers of cases involve the same or similar injuries, are proceeding on the same theories, and there is no other feasible way for the court to handle the large caseload. The outcome of these bellwether trials and the damages awarded to the plaintiffs by the juries, if any, become particularly useful to the parties when it comes time to discuss settlement options. Part II of this series will address the settlement negotiation process.
About Holly W. Gibson
Holly was born in Fort Worth, Texas. She earned her B.A. from the University of Texas at Austin in 1996 and her law degree from Baylor Law School in 2000. In 2006, Holly was named a “Rising Star” by Texas Monthly Magazine. She joined Blizzard, McCarthy & Nabers as an associate in 2006. She lives in Houston with her husband Scott.
For more information about Blizzard, McCarthy & Nabers, please visit our About Us page.
Denture Cream Manufacturers: What Did They Know and When Did They Know It?
Recent media attention about over-the-counter denture cream causing crippling neurological damage raises two obvious questions for the drug companies: What did they know and When did they know it? When you are trying to determine what a drug company knew, and when they knew it, the first place to look is the medical literature. They do after all make billions of dollars selling products to be placed in our bodies. And general legal principles and FDA regulations, not to mention, the Hippocratic oath, dictate that drug companies carefully analyze the potential toxicity of the ingredients of their products. So when GlaxoSmithKline and Proctor & Gamble began putting Zinc in denture cream, what did the medical literature tell them about the health risks to the people buying their products?
The answer: It told them that excess zinc can cause a crippling neurologic syndrome, involving myelopathy and sometimes polyneuropathy. This syndrome is characterized by a loss of the ability to feel or use the arms and legs, and can even result in complete paralysis.
As early as 1978[i], and then again in 1988[ii] it was reported that oral zinc therapy could cause copper deficiency in patients. Furthermore, diseases associated with altered copper levels in animals and humans have been recognized since the early 20th century. An illness known as swayback disease, which is caused by a nutritional deficiency of copper, was first identified in sheep in 1937. Additionally, Menkes Disease which is a congenital disease in humans characterized by low copper levels has been studied since 1962.
The first study linking copper deficiency to neurologic disease was published in Medical Hypotheses in 1992.[iii] In 2001, a study was published reporting copper-deficiency associated paralysis and myelopathy in a 46 year old woman.[iv] As a result of her copper deficiency, the woman developed severe spastic movements and loss of sensation from the middle of her back down to her feet. In 2003, two additional studies reporting the correlation between high levels of zinc and neurologic degeneration and polyneuropathy were released. The first study reported the neurotoxic effects of zinc and its potential to cause neurologic degeneration.[v] The second study discussed a patient who was unable to walk without the aid of a walker, because of progressive polyneuropathy and myelopathy resulting from copper deficiency and high levels of zinc.[vi]
The Journal of Neurology again published a report in 2004, identifying a patient with high zinc levels and a copper deficiency who was suffering from a neurological syndrome characterized by myelopathy and neuropathy of the lower extremities.[vii] This study discussed the emergence of zinc neurotoxic syndrome in the medical community, and reported the patient’s symptoms to include: loss of sensation and weakness of the hands, legs, and feet; inability to stand; and sensory loss in the legs. Within two years of initially seeking treatment, the patient’s condition deteriorated with her eventually developing: myelopathy characterized by spastic paralysis; complete paralysis of the muscles below the knee; weakness in the legs and hands; inability to walk without assistance; and sensory ataxia (gross lack of coordination of muscle movements).
The American Journal of Clinical Pathology, published an article in 2005 which clearly established the link between excess zinc exposure and neurodegeneration. This study focuses on three patients suffering from high zinc levels, low copper levels, and myelopathy.[viii] One of the patients was 47 years old and confined to a wheel chair; another patient was 42 years old and unable to walk with a steady gait or hold objects in his hands. The source of his excess zinc was determined to be denture cream.
More recent studies such as the highly publicized 2008 Nations article, has clearly identified Denture Cream as a source of excess zinc.[ix] This article directly linked the use of denture cream to copper deficiency and serious neurological disease in several patients. In 2009, medical research further confirmed that denture cream is a primary source of excessive zinc, which can cause both myelopathy and neuropathy.[x] In this study 100% of the patients examined had a history of wearing ill-fitting dentures which required large amounts of denture cream, ultimately resulting in significant exposure to zinc.
It is obvious from this extensive body of medical literature that overexposure to zinc causes copper deficiency, and copper deficiency causes crippling neurologic diseases. It is almost certain that GlaxoSmithKline and Procter & Gamble knew this when they put zinc in denture cream. It was their legal and regulatory responsibility to know it. And if they claim they did not know, then they were not paying attention. More importantly, if they are now simply adding flavors to mask the taste of zinc while only adding packaging inserts about the remote dangers of denture cream overuse, then they are doing something far worse: misleading their customers as they continue to manufacture dangerous products.
For more information on the symptoms of denture adhesive cream zinc poisoning, please visit our Denture Cream FAQ page.
For more information about Blizzard, McCarthy & Nabers, please visit our About Us page.
[i] A. Prasad et al., Hypocupremia Induced by Zinc Therapy in Adults, JAMA, 1978; 240: 2166-68.
[ii] H. N. Hoffman et al., Zinc-induced Copper Deficiency, Gastroenterology, 1988; 94 (2): 508-12.
[iii] H. A. Hartmann & M. A. Evenson, Deficiency of Copper Can Cause Neuronal Degeneration, Med Hypotheses, 1992; 38(1):75-85.
[iv] Bert Schleper, Copper Deficiency-Associated Myelopathy in a 46-year-old Woman, J Neurol, 2001; 248:706-06.
[v] K. Dineley et al., Zinc Inhibition of Cellular Energy Production: Implications for Mitochondria and Neurodegeneration, J. Neurochem., 2003; 85: 563-70.
[vi] P. Hedera et al., Myelopolyneuropathy and Pancytopenia Due to Copper Deficiency and High Zinc Levels of Unknown Origin: Further Support for Existence of a New Zinc Overload Syndrome, Arch Neurol, 2003; 60:1303-06.
[vii] S. Greenberg & H. Briemberg, A Neurological and Hematological Syndrome Associate with Zinc Excess and Copper Deficiency, J Neurol, 2004; 251:111-14.
[viii] M. Willis et al., Zinc-Induced Copper Deficiency: A Report of Three Cases Initially Recognized on Bone Marrow Examination, Am J Clin Pathol, 2005; 123:125-31.
[ix] S. P. Nations et al., Denture Cream: An Unusual Source of Excess Zinc, Leading to Hypocupremia and Neurological Disease. Neurology 2008; 71:639-43.
[x] P. Hedera et al., Myelopolyneuropathy and Pancytopenia Due to Copper Deficiency and High Zinc Levels of Unknown Origin II: The Denture Cream is a Primary Source of Excessive Zinc, Neurotoxicology, 2009, doi: 10.1016/j.neuro.2009.08.008.
Former Client Feature – Grace Gundez
When Grace Gunduz decided to take a popular brand of dietary supplements to help her lose weight, she thought she was making a healthy choice. Unfortunately, few people realize that the dietary supplement industry is largely unregulated. The supplements Grace took contained an herb known as ephedra, which is now banned from use in dietary supplements sold in the United States.
Grace has been diagnosed with Pulmonary Arterial Hypertension, also known as Primary Pulmonary Hypertension or PPH. PPH is a terrible disease that affects the heart and lungs. There is no cure, and people with this disease often die within a few short years. Grace is on oxygen and needs a double lung transplant to improve her chances of survival.
When Grace discovered that ephedra could be the cause of her PPH, she contacted a lawyer in Texas, who then referred her to Blizzard, McCarthy & Nabers. Blizzard, McCarthy & Nabers filed a lawsuit against the manufacturer of the dietary supplements Grace took. Grace’s case was eventually resolved, and while she still has PPH, she can now afford the healthcare that her condition requires. Grace keeps in touch with the lawyers and staff at Blizzard, McCarthy & Nabers, whom she considers friends. She is thankful for the work Blizzard, McCarthy & Nabers did on her behalf.
For more information about Blizzard, McCarthy & Nabers, please visit our About Us page.
When is a Lawsuit Filed?
The statute of limitations determines the time period in which a lawsuit can be filed. The statute of limitations varies for each state and for each case. Some states have a short statute of limitations of one year, while others have a longer statute of limitations of up to four years or more depending on the type of lawsuit. The statute of limitations usually begins to run from the time of the accident, injury or diagnosis. However, some states have what is called a “discovery rule.” Under the discovery rule, the statute of limitations begins to run from the time the injury or diagnosis is discovered or should have reasonably been discovered.
At Blizzard, McCarthy & Nabers, we are highly motivated pharmaceutical attorneys with more than 25 years experience who practice all over the United States. We are very familiar with the laws and procedures of other states and we will make sure that you receive the best recovery possible. For more information about our firm and the cases that we handle, please visit our About Us page. You can also visit us on Facebook and Twitter.
Where is a Lawsuit Filed?
Many factors determine where a lawsuit is filed. One of the main factors is the Venue rules of that particular state or the Federal venue rules. Venue refers to the most convenient and proper place for the lawsuit to be filed. Every state has its own venue rules. In most states, venue is proper where the defendant resides, regularly conducts business, where a contract was signed or performed or where an accident or injury occurred. Under the Federal venue rules, a lawsuit may be brought in the venue where 1) any defendants reside if all defendants reside in the same state, 2) a substantial part of the events giving rise to the claim occurred or 3) the district in which any defendant is subject to personal jurisdiction. 28 U.S.C. § 1391.
Attorneys often argue over whether venue is proper. This can cause venue to be transferred from one federal district to another. 28 U.S.C. § 1404. It can also cause a lawsuit brought in state court to be removed to federal court. A lawsuit can be dismissed under the doctrine of forum non conveniens if the Court finds that the venue is improper. Generally, the doctrine of forum non conveniens applies when the events giving rise to the lawsuit occurred in a foreign country.
For more information about Blizzard, McCarthy & Nabers, please visit our About Us page.
What Happens When You Retain Blizzard, McCarthy, & Nabers
by Connie Hale
When you contact Blizzard, McCarthy & Nabers and express interest in being represented by our firm, our intake department will take your call.
I’m the intake manager. As a CLA — Certified Legal Assistant — with 38 years of experience working with plaintiff’s attorneys, I’ve helped thousands of clients navigate the legal process and have helped the legal team prepare for over 500 trials. Our clients are my number one priority. I can personally promise you that we will:
- Return every call the same day it’s received
- Review every single email
- Listen to your concerns
- Treat your case as the most important case we have
The first thing to know is that the process will take some time. We only take on clients after an extensive review of each possible case by our legal and medical experts. We know you are eager for an answer, but each prospective case must be thoroughly reviewed by our teams of medical and legal experts. So please be patient and know that we are looking at every case and will get back to you with an answer.
Once we’ve had the initial conversation, we will send a packet to you. When you complete and return the packet it helps us ascertain if your case meets the medical criteria to constitute a legally viable claim. Your packet should arrive within a day or two days after speaking to us. The packet includes: a questionnaire, a letter of medical authorization, a letter of representation, and a contingency fee agreement that ensures that if no recovery is made, you do not owe Blizzard, McCarthy, & Nabers a penny.
The intake team will be available to answer all of your questions throughout the process.
When you return the packet, our attorneys review the intake documentation. This is to determine if we will want to proceed, based on whether your potential case has merit and warrants further evaluation. If the case looks viable we request your medical records from your physicians. It will take at least 90 days for your records to arrive. Once we have them in hand, our team of legal and medical experts will review your records to determine if the claim meets the medical criteria required for a viable case.
If the answer is yes, we will contact you and let you know that we are taking the case.
About Connie Hale
Connie Hale has been working in the legal field since 1972 and has many years of experience specializing in mass tort litigation. She started her mass tort experience in Pascagoula, Mississippi working with clients injured by asbestos. She also spent fifteen years working for a law firm in Pensacola, Florida as the Mass Tort Manager on numerous dockets including cases involving asbestos exposure and defective breast implants. In June 2001, she moved to Houston to work on Fen Phen cases.
In 2005, she joined Blizzard, McCarthy & Nabers as the Case Manager of the Intake Department, which is where all cases handled by the firm are initially managed. Connie’s extensive experience in mass tort litigation makes her a valuable member of the Blizzard, McCarthy & Nabers team.
Connie has an Associates Degree and received a Certified Legal Assistant Degree in 1995. She is married to Ray and together they have five children.
For more information about Blizzard, McCarthy & Nabers, please visit our About Us page.
Poisoned by Denture Cream: Johnny Howell
In 2004, Johnny Howell of Winston-Salem, North Carolina, began experiencing weakness in his legs. An otherwise healthy 47-year-old, Johnny couldn’t understand why his feet suddenly began to buckle beneath him. Believing that he was simply clumsy, Johnny ignored the consistent tripping until his falls became more serious. But his collapses soon resulted in broken bones, including his wrist, an ankle and a rib.
Finally, after seeing his doctor in 2005, Johnny was diagnosed with neuropathy. This condition, which Johnny had never heard of, affects the body’s peripheral nerves, causing weakness, numbness, tingling and pain. Unfortunately, these debilitating effects cannot be reversed.
Eventually, it was determined that zinc poisoning was the source of his neuropathy. Taken in large doses, zinc depletes the body’s copper reserves, which are necessary for the nervous system’s proper functioning. Despite this diagnosis, however, Johnny and his doctors were unable to identify the source of zinc in his diet. As a result, his health continued to deteriorate.
In 2009, after reports began to circulate that high levels of zinc in popular denture adhesive creams had caused similar symptoms in other patients, Johnny’s doctors were finally able to determine his condition’s source – his denture cream. For 20 years, Johnny had used Poligrip, a denture cream made by GlaxoSmithKline. Unbeknownst to him, the denture adhesive cream contains more than three times the recommended daily does of zinc in each gram.
Left permanently disabled by, of all things, his denture adhesive cream, Johnny is no longer able to work. He is dependent on a walker to get around and unable to care for his wife, who suffered a stroke several years ago and had to be placed in a nursing home.
Unfortunately, Johnny is not alone. So far, approximately 85 lawsuits have been filed against GlaxoSmithKline and Proctor & Gamble, the makers of these zinc-laden denture creams. And considering that as many as 40 million Americans wear dentures, there are likely many more. Johnny’s story is one of many that illustrate the dangers consumers face when corporations disregard their safety.
For more information on the symptoms of denture adhesive cream zinc poisoning, please visit our Denture Cream FAQ page.
For more information about Blizzard, McCarthy & Nabers, please visit our About Us page.
What is an MDL?
by Sofia Bruera
Associate, Blizzard, McCarthy & Nabers LLP
Multidistrict Litigation (MDL) is a legal procedure created to “centralize” and speed the process of handling complex product liability or pharmaceutical cases. Frequently, there will be hundreds or even thousands of lawsuits filed relating to a certain product or pharmaceutical drug. As a result, an MDL is created to avoid duplicative discovery or inconsistent pretrial rulings in cases that can involve a large number of Plaintiffs. The Judicial Panel on Multidistrict Litigation, also known as the JPML makes decisions whether cases should be consolidated. The JPML consists of seven federal judges who are appointed to the panel by the Chief Justice of the United States. The JPML can make an independent decision to transfer a case into the MDL or a party can file a motion with the JPML to transfer the case into the MDL. The JPML was given this decision making power under 28 U.S.C. § 1407 which was passed by congress in 1968 [PDF]. Before making a decision regarding the transfer of a case, the panel will hold a hearing where both parties are able to present their arguments. Generally, the JPML will make the decision to consolidate cases pending in federal districts when the civil actions involve one or more common questions of fact, such as the negligence of a drug manufacturer.
The MDL Court speeds up the trial process by setting pretrial orders and deadlines for all the Plaintiffs and Defendants involved in the lawsuits. Additionally, the judge appoints highly skilled and experienced attorneys to steering committees to manage the discovery process for the lawsuits and manage the litigation for all the Plaintiffs involved.
MDL is often confused with class actions. Although class actions may be litigated within the MDL, single plaintiff cases are also litigated within the MDL. The mere fact that a lawsuit is pending in the MDL does not mean that it is a class action suit. Blizzard, McCarthy & Nabers typically handles individual cases, but has experience handling class actions as well.
Blizzard, McCarthy & Nabers, LLP has participated in crucial roles in the following MDLs:
- Appointed to six member Negotiating Plaintiff’s Committee (NPC) in Vioxx MDL 1657 and helped negotiate a 4.85 billion dollar settlement
- Member of the Fee Allocation Committee in the Vioxx MDL 1657
- Served as the chair of the Plaintiff’s Steering Committee in Ephedra Litigation, MDL 1598
- One of five lawyers appointed to negotiate Sulzer Hip Implant Litigation MDL, 1401
- Member of the Steering Committee in the Diet Drug Litigation, MDL 1203
- Member of the Texas Steering Committee in Silicone Breast Implant Litigation
- One of the chief negotiators of the $3 billion Dow Corning Settlement
- Appointed to the State Liaison Committee in the Baycol MDL Proceedings
- Member of the Plaintiff’s Steering Committee in the New York ReNu and MoistureLoc Proceedings.
- Member of the Plaintiff’s Steering Committee in Digitek Litigation,MDL 1968
Blizzard, McCarthy & Nabers, LLP has been actively involved in some of the most important Pharmaceutical MDLs in the United States. For more information about Blizzard McCarthy & Naber’s involvement in MDLs and Pharmaceutical cases, please visit: www.blizzardlaw.com.
About Sofia Bruera
Sofia was born in Buenos Aires, Argentina and grew up in Canada. Sofia moved to Houston in high school and completed her undergraduate studies at Southern Methodist University, graduating with honors. Sofia received her law degree from the University of Houston Law Center. In law school, Sofia strengthened her legal research and writing schools as a member of the Editorial Board of the Houston Journal of Health Law & Policy. She received a publication award for her article, “Regulation of Internet Pharmacies using RFID tags, 2D barcodes and Biometrics.” Sofia joined Blizzard, McCarthy & Nabers as an associate in 2009.
For more information about Blizzard, McCarthy & Nabers, please visit our About Us page.
Every Case Is Handled Individually
by Stephen P. McCarthy
Partner, Blizzard, McCarthy & Nabers LLP
You have been injured by a dangerous defective drug. Odds are, you have never been involved in a lawsuit before in your life. But now you are facing disability, medical bills, and an uncertain future. You learn that many other people across the country have been injured by the same drug. You learn that this type of case is often referred to as a “mass tort.”
What exactly does is mean when a case is referred to as a “mass tort?” Does that mean that you will just be a number? No, you will not just be a number. Your case will be handled individually. An individual lawsuit will be filed on your behalf. When you call our office, you won’t get a computerized recording. You will be speaking with paralegals and lawyers assigned to your case.
The term “mass tort” means that hundreds if not thousands of people have been injured by the same dangerous product. Because of the number of cases, there will be rules for pre-trial procedures established by a court, which apply to all cases such as yours. But your case, if it has to go to trial, will involve a presentation of all relevant evidence pertaining to your particular situation.
Our law firm prides itself on individual attention. Our lawyers take time to get to know you.
About Stephen P. McCarthy
Steve graduated cum laude from the University of Georgia in 1976 with a BA in Political Science. He earned his law degree from the University of Houston Law School in 1980, graduating in the top 10% of his class and earning the American Jurisprudence Award in Evidence and Federal Procedure. Steve began his legal career as an Assistant District Attorney for Harris County, Texas and served as a Chief Prosecutor of a Felony District Court. In 1984, Steve joined the litigation department of Fulbright & Jaworski, L.L.P and had the opportunity to try numerous personal injury lawsuits from the defense side. In 1988, Steve joined forces with Ed Blizzard to form Blizzard & McCarthy. Since then, Steve has established an expertise in trying complex personal injury lawsuits from the plaintiff’s side.
Steve and his wife Eleanor have two children, Catherine and John McCarthy.
For more information about Blizzard, McCarthy & Nabers, please visit our About Us page.
