$6.5 Million Verdict for Off-label Botox Use

Written by Joseph Lyon on December 2, 2014. Posted in Pharmaceutical Litigation.

Cincinnati Pharmaceutical Attorney and Ohio Botox Injury Lawyer reviewing Off-label Botox Use for plaintiffs nationwide

Drug and cosmetics companies have a responsibility to provide consumers with safe products. When unsafe cosmetics and drugs cause injuries, plaintiffs may file injury and product liability claims to recover rightful compensation.

On November 20th, 2014, a courageous Vermont jury returned a $6.3 million verdict in favor of a six-year-old boy for seizures caused by off-label Botox use, which involved treating his mild muscle spasticity. The Drake family received $4 million in compensatory damages, and $2.5 million in punitive damages.

The jury concluded that Allergan, Inc. failed to provide information regarding the potential side effects of off-label Botox use to the parents and healthcare providers of the child, while additionally negligently promoting the use of the off-label product. This verdict was consistent with regulatory findings in 2010, leading to Allergan pleading guilty to the promotion of off-label Botox, and agreeing to pay $600 million in civil and criminal penalties to the United States government.

Joe Lyon is an experienced Ohio Botox Injury Lawyer and cosmetic surgery attorney reviewing injury lawsuits for plaintiffs nationwide.

Ohio Botox Injury Lawyer

The U.S. Food and Drug Administration (FDA) has set 8 u/kg as the maximum dosage of Botox in children. However, the child’s healthcare provider injected as much as 14 u/kg of Botox into the boy’s legs when the first dosage of 7 u/kg did not appear to have any effect. The Drakes argued that Allergan consistently and continually failed to warn about the side-effects of the drug.

There is a reason medical products and drugs on the market are controlled and overseen by safety agencies. Serious injures may result when drugs are not used as they were intended, and tested for in clinical trials.