Botox Side-Effects: Law Suits Against Manufacturers

by Gopalan on  May 17, 2010 at 9:22 AM Medico Legal News
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Allergan, the US firm manufacturing the much vaunted Botox, is being slapped with compensation suits by those who say they have suffered heavily after Botox injections.

Last week an Oklahoma jury reached a $15 million negligent-damage verdict against the makers of Botox in the case of a 47-year-old woman who suffered years of pain  because of Botox.

Dr. Sharla Helton, an obstetrician and gynecologist in Oklahoma said she fell ill and eventually lost her job after getting the injections in 2006.

She blamed Botox for double vision, breathing difficulty and years of continual pains in her arms, hands and feet.

Helton said the verdict was the “first step in making sure the public is aware of the actual risks of Botox. It's a steppingstone to protect the public from what the company is hiding.”

The jury found the company was negligent in its off-label promotion of the drug. Crucial testimony in the trial included an Allergan sales representative who admitted to providing off-label dosing guidelines to Botox clients in a sealed envelope, according to Helton's attorney, Ray Chester. However, the jury did not award punitive damages.

Allergan said it plans to appeal. The jury's negligence verdict “is inconsistent with all credible scientific and medical evidence,” company spokeswoman Caroline Van Hove said.

Grounds for appeal, she said, will include the jury's decision in favor of Allergan on “Mrs. Helton's product liability claim, indicating that Botox Cosmetic was not a defective product and did not have defective warnings. This was one of the fundamental issues at trial and, since the product and its warnings were not defective, it is not possible for Allergan to have been found negligent in this case.”

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