Wednesday, 21 September 2011

Precedent-Setting Fluoride Personal Injury Case Filed

Precedent-Setting Fluoride Personal Injury Case Filed
Dental Fluorosis Complaint Is First In an Expected Flood of Public & Private Sector Claims
Ellijay, GA – Dental industry representatives have long fretted in their professional journals that fluoride providers could one day face legal actions for harm caused by ingested fluorides.The fear was that the citizens with a permanent staining and disfigurement of teeth called "dental fluorosis" would bring legal actions upon learning that fluorides they had swallowed had caused the damage to their teeth.

Now, after this year’s admission by federal officials that fluorides are causing increasing amounts of fluorosis, an era of fluoride personal injury and toxic tort litigation appears poised to begin with the recent filing of a precedent-setting case in the Federal District Court in Maryland.The legal action was filed against corporate giants Nestle USA Inc., Nestle Waters North America, Inc., and Gerber Products Company on behalf of a teenage girl with multiple permanent teeth disfigured by dental fluorosis.

The complaint notes that as a baby and young child, around 90% of the water the girl consumed was fluoridated bottled water sold by the Nestle defendants. The girl’s parents had purchased the water based on its advertised dental benefit for children.According to the lead attorney on the case, Washington D.C.-based Chris Nidel, the young woman’s family now faces significant costs for damage-covering dental veneers.The financial impact of the teen’s fluorosis is even greater over the long term. The veneers will need to be replaced four or five times, resulting in a lifetime potential cost of more than $100,000 in dental expenses.

Attorney Nidel points to a photo of his client’s teeth. "In this case, a photo really is worth a thousand words," he states. "The water providers had a responsibility to warn their customers about fluorosis, but they did not."He says the girl’s mother told him, "I thought I was doing the right thing for my daughter when she was a child, by giving her bottled water that contained fluoride. Her teeth have now been permanently damaged by fluorosis. She is extremely self-conscious about her smile. Her friends ask her about her teeth. And now we’re faced with extensive cosmetic restorations. It’s not simple, and it’s expensive."

Seeking compensation for the teen’s teeth damage and its impacts, the complaint lists counts of strict liability, negligence, breach of implied warranty, fraud, and negligent infliction of emotional distress.Public health professional Daniel G. Stockin of The Lillie Center Inc., a firm working to end water fluoridation, says, "I believe water utilities will note that the bottled waters that are the focus of this complaint contained around 0.8 parts per million of fluoride, which is right near the amount that public utilities add to their water. We know that millions of people have dental fluorosis, and that minority populations are disproportionately harmed by it. People are not being openly told what fluorosis really is or how it can impact their lives. I think it will be very interesting to see the revelations that come out now, as fluoride product sellers and fluoridated water endorsers begin to be placed under oath in all sorts of fluoride-related legal actions."

Stockin adds, "There were also warnings in dental and other publications that fluorides could potentially cause bone disorders, kidney harm, and thyroid impairment. I believe we’ll quickly see fluoride lawsuits grow way beyond fluorosis cases."Attorney Nidel says, "We’re at the beginning of what looks to be an absolutely enormous wave of new fluoride litigation. There are so many harmed teenagers with fluorosis. We have the government’s own data to prove that. Potentially millions with fluorosis will want to talk to an attorney, and believe me, plaintiff attorneys and the plaintiffs’ bar are beginning to educate themselves about all this."

"The National Research Council’s 2006 fluoride report raised concerns about possible harm that goes well beyond dental fluorosis," he continues. "It appears that millions of kidney patients and diabetics were not told about their increased susceptibility to harm from fluorides by their water providers or healthcare professionals," he says.

Reference Links / Sources:
* Full text of filed complaint and client teeth photo: see two links at:
* Example of dental journal discussing potential litigation related to fluorosis: "It is only a matter of time until a case is brought that gets public attention. The risk is that noticeable fluorosis will be perceived by the public as a toxic consequence of fluoride ingestion – which, arguably, it is (57) – and there will be a reaction against all uses of fluoride…" Riordan, PJ: Fluoride supplements for young children: an analysis of the literature focusing on benefits and risks. Community Dent Oral Epidemiol 1999; 27: p.81.
* Other photos of dental fluorosis: ;
* CDC’s data showing minorities with disproportionate amounts of dental fluorosis (see table 23):
* National Research Council report on fluorides: see "Susceptible Subpopulations section" pp. 350-51:
* EPA and HHS press release on lowered fluoride level in water in response to increase in dental fluorosis:

Daniel G. Stockin, MPH The Lillie Center, Inc. P.O. Box 839 Ellijay GA 30540
Hi Brian, Thanks for a wonderful newsletter, Hope now that this is truly the beginning of the end for that TOXIC MUCK, I dont even like saying the name, in this and all other countries in the world, Thanks again for all your and other peoples efforts to make our wishes come true,
Frank, Wigan.
It may not yet be the end but yes the beginning of the end is mofe likely. and we must keep an eye on smaller and third world countries. Like Tobacco, those who market fluoride will extend their market to any nation gullible enought to spread their lies.
Brian Jackson
Flouridation axe pleases Greens
The Bolton News
"People can use fluoride toothpaste if they want. The real problem is a lack of NHS dentists." The aim of fluoridation is to strengthen people's teeth and its implementation in the North West would have cost £200 million over six years. ...
See all stories on this topic »
A convicted paediophile banned from a local park because of a horrific attack on a boy, has been allowed back to the park because Judge Woolman said he has a human right to keep fit. Williams of Carlisle had appealed at Hyndburn Magistrates’ Court against the ban, claiming he had health problems & needed regular exercise. Professionals said "…They mention his human rights, but the welfare of children is paramount in English law, so we fail to understand how the court could overwrite the Children Act 1989.."
(My comment: it’s interesting that the Children Act can be overridden because of his human right to exercise. Could the fluoridation act be overridden because of a person’s human right not to have their health damaged by fluoride? Maybe this case could be used as a precident.
North West Fluoride Plans Delayed
Cosmetic Dentistry Guide (press release)
NHS North West, which is due to be abolished in the near future, assessed the cost of a fluoridation scheme between 2008 and 2009 and came to the conclusion that the scheme would be too expensive. There were also concerns about the management of the ...
See all stories on this topic »
North West health authority pours cold water on fluoride scheme
Lancashire Telegraph
By Neil Docking » Reporter NHS North West said it was too expensive and time-consuming to pursue a programme of fluoridation or consultation exercise. The strategic health authority assessed the feasibility and affordability of a regional scheme from ...
See all stories on this topic »
Southampton City Council votes against water fluoridation ...
The decision as to whether to fluoridate water in Southampton is up to the South Central Strategic Health Authority who decided in a unanimous vote that "the ...
the tap: Fluoridation To Be Ordained By Andrew Lansley Secretary ...
As soon as this new Bill comes into effect, it will pass the decision of 'water fluoridation' to local authorities, such as county or district councils, since they have to ...