Chapman, et al. v. The Procter & Gamble Dist., et al., No. 12-14502 (11th Cir. 2014)Annotate this Case
Plaintiffs, Marianne and Daniel Chapman, filed a products liability suit against P&G after Marianne developed neurological symptoms that the Chapmans maintain were caused by zinc-induced, copper-deficiency myelopathy (CDM) from using Fixodent denture adhesive. On appeal, plaintiffs challenged the district court's grant of summary judgment in favor of P&G. The court concluded that the district judge properly determined that Fixodent, containing zinc, was in the McClain v. Metabolife Int'l, Inc. category two analysis involving toxic substances and conducted the requisite Daubert v. Merrell Dow Pharmaceuticals, Inc., review of proffered expert testimony. The court also concluded that the district judge, as gatekeeper of the evidence presented to the jury, did not abuse her discretion or commit manifest injustice by precluding the testimonies of Dr. Brewer, Dr. Lautenbach, and Dr. Landolph as experts on general causation; in precluding Dr. Greenberg's expert testimony regarding the specific causation of Marianne's CDM; and in granting P&G's motions preventing the testimonies of three additional plaintiffs' experts. Because plaintiffs' general and specific-causation-expert testimony was inadmissible at trial, plaintiffs failed to prove that Fixodent caused Marianne's CDM. Accordingly, the court affirmed the district court's grant of summary judgment to P&G.