Friday, 13 May 2011

Massive $212 Million Jury Verdict against Allergan for Botox-Related Injuries

Allergan Inc., the company that manufactures Botox, received a major setback when a jury in a brain injury lawsuit awarded a $212 million verdict against Allergan, including $200 million in punitive damages.

The man's lawsuit claimed that he had been prescribed Botox to treat writer’s cramp in 2007. As a result of an autoimmune reaction to Botox, the man suffered a brain injury. The man claims that the brain injury has left him completely dependent on others for his care. He blames Allergan for failing to warn patients about the autoimmune reaction that could cause such a brain injury. Allergan has defended Botox, claiming that the drug had been put through numerous scientific clinical trials in order to verify its safety. The jury was unimpressed. In addition to the punitive damages, the man was also awarded $12 million in compensatory damages.

For Allergan, this is a major setback, because it is the biggest Botox verdict against the company. The last thing the company wants is for the American people to equate Botox with, is a debilitating brain injury. The company also faces allegations that it was aware that the botulinum toxin could travel far from the injection site, causing side effects and injuries. Children with cerebral palsy and adults who have been administered Botox for the treatment of muscular spasms and other illnesses have suffered serious side effects.

In 2007, Allergan warned doctors in the European Union about the risk that the drug could travel far from the injection site, possibly causing side effects. However, in the U.S., the warning was issued only in 2009.

The claims of side effects from the use of Botox are now likely to be examined more closely. Besides, Allergan is also facing two other lawsuits that make similar side effect claims against Botox. If those claims also end with jury verdicts against Allergan, then California pharmaceutical negligence attorneys expect to see a wave of Botox-related personal injury lawsuits against Allergan.


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