Botox death lawsuit filed in Indiana over death of young girl

The parents of a 10-year old girl with cerebral palsy who died in 2008 have filed a lawsuit against Allergan, Inc. and the doctors who treated their daughter because they used Botox in an attempt to treat her conditions. The doctors at the Riley Hospital for Children in Indiana used the controversial cosmetic drug to appease the girl’s muscle spasms, despite the fact that Botox has never been approved for such use by the U.S. Food and Drug Administration.

The parents allege that the doctors and drug makers failed to warn them or inform them of the possible life-threatening side effects that are associated with Botox. The drug contains a small amount of toxin that is widely recognized as a cause of Botulism, a paralytic condition that considerably restricts muscle use. The daughter passed away within days of her Botox treatment, as the toxin spread and inhibited her breathing.

The FDA placed a Black Box warning on Botox in 2009, after the administration had received numerous reports of complications stemming from using the drug for treating cerebral palsy. In February 2008, the FDA issued a warning about the possibility of complications, despite the fact that the drug has only ever been approved for use in cosmetic treatments such as wrinkle reduction and smoothing of the skin, as well as alleviating crossed eyes, combating heavy sweating, and appeasing involuntary muscle contractions and eye blinking.

At least a dozen lawsuits have been filed against Allergan and various medical professionals and other parties, as people are alleging that the drug has been falsely pushed as a treatment for cerebral palsy and other similar illnesses. The parents of the 10-year old girl had to first present their claim to the Indiana Department of Insurance, which will then allow a panel of medical professionals to determine if their case can move forward to state or federal court. Allergan recently won a lawsuit filed in California alleging that the company was negligent in the death of a 7-year old girl, who was also being treated for cerebral palsy with Botox.

Allergan hit with 'Botox deaths' suit

This lawsuit was filed last year. Anyone know what happened?

Several Botox users and their relatives filed a lawsuit Wednesday in Orange County, Calif, contending that the drug injured them or killed their relatives. They blamed maker Allergan Inc for failing to warn them of the dangers.

The suit links the drug to 4 deaths, including a 69-year-old nurse who received Botox injections for neck and shoulder pain, a 7-year-old girl with cerebral palsy who allegedly receivied injections to control limb spasticity, and a 71-year-old woman allegedly got Botox injections for wrinkles around her mouth at a mall clinic, and a New Jersey man who died, the suit contends, as a result of Botox injections.

Three of the deaths allegedly involved off-label uses of Botox.

In addition, the suit says that both approved and unapproved uses of Botox left 12 other plaintiffs with a range of disabilities, including blurred vision, numbness, allergic reactions, flu-like symptoms, muscle weakness, and difficulty breathing.

"Allergan emphasizes that Botox is a miracle drug and has often compared it to 'penicillin,' " the suit says. "Meanwhile, Allergan obscures that Botox is a highly lethal toxin with serious and life-threatening side effects."

Ultimately, what happened to these unfortunate people is a tragedy and a terrible ordeal for their families. However, common sense should also apply in assessing their chances of a clear victory in this case.

For example, say that somebody shot and killed your relative using a Smith & Wesson firearm. Would you sue Smith & Wesson?

From the Los Angeles Times: Allergan failed to warn of dangerous Botox side effects, lawsuit claims:

"Botox is causing major injuries and death, and it's well-documented but not widely known," said Ray Chester, a Texas lawyer who leads a nationwide team of lawyers involved in the suit. "So thousands of people are getting these injections with no warnings to speak of. Then they fall ill with serious illnesses and, in some cases, they are not even aware that it's the Botox that caused it."