April 13, 2015
Following three significant Daubert victories, and after six years of litigation, on April 9, 2015 Weil obtained a resounding win for Procter & Gamble (P&G) when the U.S. District Court for the Southern District of Florida entered an order dismissing with prejudice the claims of 62 plaintiffs in a products liability multi-district litigation – MDL 2051, In re Denture Cream Products Liability Litigation – in which hundreds of plaintiffs alleged that their use of Fixodent denture cream caused neurologic injury.
Three months earlier, in January 2015, the Court issued an order that granted P&G’s motion to exclude all of the plaintiffs’ general causation experts, thereby confirming P&G’s position that sound science does not support plaintiffs’ purported expert evidence regarding Fixodent. Four months prior to that decision, in September 2014, the Eleventh Circuit affirmed earlier rulings by the same Court that excluded the lead plaintiff’s general causation experts and granting summary judgment in P&G’s favor in that case, Chapman, et al. v. Procter & Gamble Distributing LLC. Plaintiffs in the Chapman matter have petitioned the U.S. Supreme Court for certiorari.
Taken together, these three decisions led many of the remaining plaintiffs to individually enter into joint stipulations with P&G that the January 2015 order was case-dispositive, admitting that “[a]ll of Plaintiffs’ claims are predicated on proving an issue of general causation…” and that the January 2015 order left “Plaintiffs without admissible evidence to prove general causation at trial.” Today, the Court entered an order agreeing with the stipulation and granting an unopposed motion for judgment of dismissal with prejudice.