$6M Mouthwash Lawsuit


     CLAYTON, Mo. (CN) – Trademark Medical demands $5.9 million from Birchwood Laboratories, claiming in court that Birchwood sent it bacteria-laced mouthwash products.
     At issue is Trademark’s Plak-Vac Oral Care System, used to clean patients’ mouths and remove any residual material and fluids to prevent aspiration.
     Trademark claims Birchwood made three batches of the packaged mouthwash, on June 30, 2011 (which was scrapped), Aug. 30, 2011 and Aug. 31, 2011.
     “These were consecutive batches produced with no equipment cleaning between the production operation,” the complaint states.
     Trademark claims it had to issue an urgent recall of the mouth wash on Oct. 21, 2011 after several patients came down with Burkholderia Cepacia bacteria, which came from mouthwash provided by Birchwood.
     Trademark says it lost $1.9 million in revenue and suffered $4 million in damages to its reputation. It seeks damages for product liability, failure to warn and negligence. Trademark is represented by Daniel Ryan in St. Louis.

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