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A $212 Million Verdict for Brain Damage Caused by Botox

by The Beasley Firm  |  April 29, 2011  |  ,

On Thursday, a federal jury awarded a Virginia man $212 million after he claimed that the Botox injections he was receiving for hand tremors and writer’s cramp left him brain-damaged and disabled. It is thought that the jury’s decision was swayed by a letter that Allergan, the manufacturer of Botox, sent to physicians in Europe warning about the dangers of Botox. Allergan failed to warn U.S. doctors of the dangers for fear it would “hurt sales in their biggest market.”

This is not the first time that Allergan was sued over Botox related injuries. Allergan has also agreed to pay $600 million to settle a federal investigation into its marketing of Botox for misbranding that led physicians to use Botox for unapproved uses. Allergan has also agreed to pay $15 million to an Oklahoma obstetrician and gynecologist who is unable to practice anymore after damages she sustained after receiving Botox injections. Allergen also settled a case after a Texas nurse died after receiving Botox injections to help her neck pain.

In 2005, the Journal of American Academy of Dermatology published a paper indicating that there had been 28 Botox related deaths between 1989 and 2003. In 2008, the FDA reported that Botox injections have been linked to respiratory failure, and death. In 2009, the Canadian government warned that Botox could cause swallowing difficulties, muscle weakness, pneumonia, speech disorders, and breathing problems.

Botox injections are frequently used to help spasticity in cerebral palsy, migraines, cervical dystonia, excessive sweating, blepharospasm, strabismus, and cosmetic surgery. Other widely known uses of Botox, which are not approved by the FDA, are treatments for:

  • Anal fissures
  • Pediatric incontinence
  • Incontinence due to an overactive bladder
  • Incontinence due to a neurogenic bladder
  • Diabetic neuropathy
  • Vaginismus or spasms of the vaginal muscles
  • TMJ pain
  • Dystonias affecting the extremities, jaw, face or vocal cords
  • Excessive saliva
  • Wound healing
  • Movement or ambulation problems associated with diseases of the central nervous system such as stroke, multiple sclerosis, Parkinson’s disease, trauma or cerebral palsy
  • Vocal cord dysfunction (VCD)
  • Spasmodic dysphonia

Here at the nationally known Beasley Firm, our experienced legal and medical teams are well aware of all the serious injuries Botox injections can cause. Since 1958, we have had billions awarded on behalf of our injured clients. If you or a loved one has been injured or died as a result of Botox injections please feel free to give our injury lawyers in Philadelphia a call for a free, no risk, confidential consultation.

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