Question Unanswered as Botox Maker Wins Wrongful Death Case

By Jim Greene

Published on April 19, 2010

While finding that Botox® poses a substantial health risk, an Orange County, Calif., jury has ruled that Allergan, Inc., included sufficient warnings with the product to absolve the company of liability in the death of a Texas girl who took large doses of the drug to treat cerebral palsy (CP).

Botox® (botulinum toxin), best known for relaxing facial muscles to reduce lines and wrinkles, is also used in much larger doses to relax the contorted muscles that are a symptom of CP, allowing victims to walk without surgery. The application has not been approved by the U.S. Food and Drug Administration (FDA), but is legal.

Plaintiff Alleges Botox Caused Respiratory Failure

Dee Spears, of Potter County, Texas, filed a wrongful death lawsuit after the death of her daughter Kristen, who was born with severe CP. According to the suit, the girl began taking Botox when she was six years old and died in November of 2007, at age seven, of respiratory failure and pneumonia caused by the drug.

The case hinged not on whether Botox® contributed to Kristen's death, but on whether Allergan's product warnings were sufficient to properly advise doctors and patients of the risk of using the drug. After two days of deliberation, the jury ruled that they were.

Allergan Claims Verdict Proves Botox Not at Fault

Although the jury did not directly address the issue of cause of death, Allergan said the case proved Botox® did not kill Kristen, but that she died as a result of the progression of her condition.

Plaintiff's attorney Lee Chester said the case was frustrating because it was not heard until a few months after the FDA ordered Allergan to strengthen its product label warnings. He said he will continue the fight against Allergan on behalf of other plaintiffs in similar cases.

If you or someone you know has suffered injury or death after taking Botox®, contact an experienced defective products/personal injury attorney. If cases now pending establish a link between Botox® and adverse health effects, you may be eligible for financial compensation.

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