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Weil Wins Major Appellate Ruling on Causation for Procter & Gamble in Denture Cream MDL

On September 11, 2014, Weil secured a significant victory for Procter & Gamble in the Eleventh Circuit Court of Appeals. Hundreds of plaintiffs brought suit nationwide against Procter & Gamble and GlaxoSmithKline, alleging that their use of denture cream products (Fixodent and Poligrip, respectively) caused neurologic injury. The cases were consolidated and transferred to the Southern District of Florida as part of a multidistrict litigation. Weil was then brought on to the case in 2010, just weeks before the lead case was scheduled for trial. GlaxoSmithKline settled, and Procter & Gamble opted to defend the litigation.

In support of their allegations that Fixodent was capable of causing neurologic injury, plaintiffs proffered numerous general and specific causation experts. Weil successfully moved to exclude the experts’ testimony, arguing that the witnesses employed unreliable scientific methodologies under Daubert. As a direct result of this win, the District Court issued summary judgment, finding that without the requisite expert testimony, plaintiffs could not sustain their burden of proof. Plaintiffs appealed both the Daubert and summary judgment orders.

After extensive briefing and oral argument, the Eleventh Circuit affirmed the District Court’s Daubert and summary judgment orders, finding that based on deficiencies in the experts’ scientific-methodology, the plaintiffs failed to designate reliable expert testimony for general and specific causation. This ruling should have a significant impact on the remaining cases in the Denture Cream Multidistrict Litigation currently pending in the Southern District of Florida.

The Weil team consisted of partner Ed Soto, and associates Erica Rutner and Lara Bach in the Miami office.