P&G Consultant’s Criticism of Study Could Play Role in Upcoming Denture Cream Lawsuit Settlements
A breaking news story could very well have an impact on those seeking a denture cream lawsuit settlement from Fixodent maker Procter & Gamble. According to ABC News, the publication of a groundbreaking study that provided the scientific basis for lawsuits against denture cream manufacturers was significantly delayed due to a peer review by Dr. Kenneth Shay, a dentist who was on the payroll of Procter & Gamble when he reviewed the study.
In 2008, the journal Neurology, the most widely-read peer-reviewed neurology journal in the world, published a study by University of Texas researchers that established a link between the zinc contained in denture cream and neurological damage. ABC News is reporting, however, that the study, completed in 2006, was not published for more than two years due to sharp criticism by Dr. Shay, who called the study's findings "little more than speculation," and said that the authors "don't understand the nature of the material they are writing about." While Shay declined an interview with ABC News, he stated that the research contained "objective shortcomings."
In a letter sent to Neurology subscribers on February 9, the editor-in-chief of the publication, Robert A. Gross, explained that the study's two year publication delay was due in large part to the fact that the authors had to resubmit a revision after Dr. Shay had denounced their research. Dr. Gross also stated that the General Counsel of the American Academy of Neurology is looking into Shay's failure to disclose his conflict of interest to Neurology, which is in violation of the journal's policy. It also appears that Shay violated the journal's confidentiality policy by sharing an unpublished version of the study with P&G. In an e-mail to highers-up at P&G, Shay wrote, "Please be circumspect because, as a reviewer, I'm not supposed to be passing an unpublished manuscript around."
And it seems that Dr. Shay's misconduct extends beyond standards held by Neurology and is an affront to established behavior in the medical community at large. "It is an outrage. This was wrong," David Rothman, a professor at Columbia University Medical School, told ABC News. "That is a fundamental transgression of professional medical ethics and not to be allowed."
While Procter & Gamble's specific role in Shay's refutation of the UT study, and whether it did anything with the information he provided to the company, remains unclear, the implications for P&G are certainly not good. Since the publication of the research in Neurology, P&G has been the target of numerous lawsuits that allege, among other things, that it failed to sufficiently warn of the health risks of denture cream zinc. The manufacturer did not disclose zinc as an ingredient in Fixodent or warn of its health risks until 2009, and now appears to face even more of an uphill battle if it is confirmed that the company knew of such health risks as early as 2006 but failed to take action.
The effects of the ABC News story on P&G could be determined in June, when the first denture cream lawsuit is set to commence. In the meantime, check back in with the Rottenstein Law Group often, as we will be providing updates on this and other stories related to potential denture cream lawsuit settlements. Also, please contact RLG if you have reason to believe your neurological disease was caused by Fixodent or Poligrip. With more than 25 years of experience in product liability law, the lawyers of RLG will deliver the results you demand while treating you with the sympathy you deserve.
In 2008, the journal Neurology, the most widely-read peer-reviewed neurology journal in the world, published a study by University of Texas researchers that established a link between the zinc contained in denture cream and neurological damage. ABC News is reporting, however, that the study, completed in 2006, was not published for more than two years due to sharp criticism by Dr. Shay, who called the study's findings "little more than speculation," and said that the authors "don't understand the nature of the material they are writing about." While Shay declined an interview with ABC News, he stated that the research contained "objective shortcomings."
In a letter sent to Neurology subscribers on February 9, the editor-in-chief of the publication, Robert A. Gross, explained that the study's two year publication delay was due in large part to the fact that the authors had to resubmit a revision after Dr. Shay had denounced their research. Dr. Gross also stated that the General Counsel of the American Academy of Neurology is looking into Shay's failure to disclose his conflict of interest to Neurology, which is in violation of the journal's policy. It also appears that Shay violated the journal's confidentiality policy by sharing an unpublished version of the study with P&G. In an e-mail to highers-up at P&G, Shay wrote, "Please be circumspect because, as a reviewer, I'm not supposed to be passing an unpublished manuscript around."
And it seems that Dr. Shay's misconduct extends beyond standards held by Neurology and is an affront to established behavior in the medical community at large. "It is an outrage. This was wrong," David Rothman, a professor at Columbia University Medical School, told ABC News. "That is a fundamental transgression of professional medical ethics and not to be allowed."
While Procter & Gamble's specific role in Shay's refutation of the UT study, and whether it did anything with the information he provided to the company, remains unclear, the implications for P&G are certainly not good. Since the publication of the research in Neurology, P&G has been the target of numerous lawsuits that allege, among other things, that it failed to sufficiently warn of the health risks of denture cream zinc. The manufacturer did not disclose zinc as an ingredient in Fixodent or warn of its health risks until 2009, and now appears to face even more of an uphill battle if it is confirmed that the company knew of such health risks as early as 2006 but failed to take action.
The effects of the ABC News story on P&G could be determined in June, when the first denture cream lawsuit is set to commence. In the meantime, check back in with the Rottenstein Law Group often, as we will be providing updates on this and other stories related to potential denture cream lawsuit settlements. Also, please contact RLG if you have reason to believe your neurological disease was caused by Fixodent or Poligrip. With more than 25 years of experience in product liability law, the lawyers of RLG will deliver the results you demand while treating you with the sympathy you deserve.