Law & Legal & Attorney Accidents & personal injury Law

Types and Amount of Damages Available in a Denture Cream Lawsuit

Hundreds of lawsuits have been filed nationwide against denture cream manufacturers GlaxoSmithKline (maker of Poligrip) and Procter & Gamble (Fixodent) since a study linking the adhesive products to severe nerve damage was published in 2008.

Victims complaining of symptoms such as weakness and numbness of the extremities, loss of balance, difficulty walking, and even paralysis have begun to take legal action after a University of Texas study linking the zinc in denture creams to neuropathy appeared in the journal Neurology. Alleging that GSK and P&G failed to warn consumers about the dangers of their products, plaintiffs are seeking compensation for medical expenses and other damages.

If you are a Fixodent or Poligrip user who has experienced some of the debilitating side effects of zinc toxicity and are considering a lawsuit against GSK or P&G, then you are naturally curious about the types of damages available in a denture cream lawsuit and how much you can expect to recover. GlaxoSmithKline in fact settled a number of Poligrip lawsuits in July 2010, although payment details were not released. Also, because the science linking denture cream zinc and neuropathy is relatively new and there is not a significant body of legal precedent for cases of this nature, it is difficult to speculate on actual recovery amounts. As a result, insight about denture cream lawsuit settlement amounts can only be obtained through a general review of the two types of damages available to a claimant who is injured by a dangerous medical device: monetary and non-monetary damages.

Monetary damages, also known as compensatory damages, are designed (as the name suggests) to compensate a victim for actual out-of-pocket expenses incurred as the result of your injury. To illustrate the types of monetary damages an injured denture cream user might sue for, consider a patient suffering from neuropathy: He or she might incur significant medical bills for testing and treatment, as well as the cost of equipment such as a cane, walker, or wheelchair. And because patients with advanced neuropathy often are unable to work, a plaintiff suffering from the disorder can also seek reimbursement for lost wages.

The other major type of monetary award a denture cream injury sufferer can hope to recover is so-called non-monetary damages. In contrast with monetary damages, which can be readily assigned a specific dollar amount, non-monetary damages are tied to losses such as physical and mental anguish that cannot so easily be monetized. In the case of a neuropathy sufferer, such damages can represent the more significant portion of one's claim. Due to disability, a denture cream injury victim may experience a loss of enjoyment of life, loss of friends, loss of companionship, loss of reputation, loss of respect in the community, and other such hardships. In addition, he or she may suffer excruciating physical pain and suffering. All such losses are recoverable by suing for non-monetary compensatory damages.

As more denture cream lawsuits are filed, pre-trial rulings are rendered, and settlements and verdicts are reached, it will be possible to provide actual recovery figures. The most important thing to understand with regard to a potential recovery is that the actual amount you are entitled to depends on the extent of your injuries. If you suffer severe harm and losses, then you should be reimbursed accordingly.

Make sure to check back in regularly with the Rottenstein Law Group, as we will be providing regular updates as denture cream litigation progresses. In the meantime, consider speaking with one of our experienced product liability lawyers, who can provide you with more detailed information about the potential value of your denture cream lawsuit settlement. We've been helping clients who were injured by the negligence of big corporations--clients like you--for more than 25 years. We know how to treat injury victims with the compassion and respect they deserve while maximizing their recovery.
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