In the case, Ray v. Allergan Inc., 3:10-cv-00136, U.S. District Court, Eastern District of Virginia, the federal jury ordered Allergan, the makers of Botox, to pay $212 million in damages to Douglas Ray. This tragic brain injury case involves 67 year old, Douglas Ray, who suffered permanent brain damage after receiving Botox injections to treat cramps and tremors in his hands.
As a West Palm Beach Personal Injury Law Firm, we applaud the jury for ruling in the favor of Mr. Ray that Allergan failed to warn the patient of an autoimmune reaction that could lead to brain damage.
According to reports, Allergan denied a failure to warn or any connection between Ray’s illness and Botox use and has not decided on whether it will appeal the verdict.
In the Allergan Botox lawsuit, the plaintiff points out that before July 2007, Allergan never disclosed in the United States in any warnings, promotional or marketing materials that Botox can spread outside the injected muscle and cause severe autoimmune responses and brain injury. Instead, Allergan has publicly stated that Botox is a miracle drug and has often compared it to penicillin. Side effects are rarely mentioned and consistently understated.
It is important to note that Botox is not approved by the FDA to treat dystonic hand tremors or writer’s cramp, and therefore this use was an “off-label” use of the product. Allergan was accused of illegally promoting the off-label use of Botox to encourage physicians to use Botox for non FDA approved uses.
As reported on The Whistleblower Law Blog, in September 2010, Allergan agreed to settle criminal and civil allegations with the federal government for $600 million for allegedly illegally marketing and selling Botox drug for unapproved uses, such as treating headaches.
If you have been treated for an “off-label” use of a drug and have sustained personal injuries such as brain damage, loss of limbs, strokes or other life threatening issues, contact a personal injury lawyer to discuss your legal rights.
Click on the following links to read more on the $212M in Botox Brain Injury Lawsuit
Allergan Loses $212 Million Lawsuit in Virginia Over Botox Side Effects – Bloomberg
Allergan Must Pay $212M Over Botox Side Effects – Phamalot
Allergan ordered to pay $212 million in Botox brain-injury lawsuit – LA Times