Allergan won a defense verdict in California in a Botox wrongful death lawsuit. The jury found that the warning on Botox adequately advises health care providers of the risks of Botox.
Botox is well known for its ability to provide relief – albeit short term relief – for those of us who suffer from wrinkles. You might expect the Plaintiff to be middle aged and probably a woman. But this case involved the off label use of Botox in the treatment of a seven year-old girl with cerebral palsy. Some believe that Botox helps fight limb spasticity that sometimes comes with cerebral palsy.
Plaintiffs’ Botox lawsuit alleged that their daughter died as a result of an overdose of Botox, which led to respiratory failure and pneumonia. This is a classic product liability claim: Plaintiffs claimed that Allergan failed to adequately warn their daughter’s pediatrician of the risks of Botox.
I do not know enough about these cases to give any sort of informed opinion. I fear off label uses of any drug, including Botox, but I also wonder whether the risks are small relative to the upside of providing an effective means of treating an awful cerebral palsy side effect.
Allergan gets just a brief rest: it faces another Botox lawsuit that is going to trial in Oklahoma City next month.