Botox® lawsuits have been initiated against the manufacturer of this injectable, Allergan, Inc. and physicians who administered Botox® injections (i.e., botulinum toxin) to their patients, based on the patients' severe adverse reactions and fatalities linked to Botox® treatment. A number of these Botox® lawsuits have already resulted in settlements from the defendants.
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For example, in July 2008, a seven-year-old cerebral palsy patient in Texas died following Botox® treatment for the palsy. This use of Botox® injections is "off-label;" that is, the use is not among the FDA-approved uses of Botox®. Although it is not illegal for a physician to use a drug off-label, the FDA does not recommend such uses. There are no approved guidelines for dosage, timing, indications, etc. in off-label uses of drugs, and such uses can be dangerous.
The families of two other patients who died after Botox® treatments joined the Texas patient's family in this lawsuit, making it a Botox® "class action" of sorts, although simply combining the cases of a number of plaintiffs (victims) is not the only requirement for a class action lawsuit.
One or more Botox® class actions may be initiated in the near future, in light of the hundreds of reports of serious adverse reactions to Botox® recently acknowledged by the FDA. In a class action, a single court handles the combined complaints of multiple plaintiffs — often from across the U.S. — in order to expedite the legal process and resolve the cases more quickly.
Another Botox® lawsuit was filed on behalf of 15 patients in California who had been given Botox® for various purposes, both approved and off-label. Their lawsuit contends that Allergan promoted Botox® for uses not approved by the FDA, and that Allergan did not provide sufficient warning of the potential life-threatening side effects of Botox®. Four of these 15 plaintiffs died after being treated with Botox® injections.
In late April 2009, the FDA increased its pressure on Allergan by requiring a new "black box" warning about the potential side effects on all Botox® products' labeling, including:
Have you or a loved one been injured after receiving Botox®? If so, contact us to speak with an experienced Botox® attorney who specializes in drug recall litigation & lawsuits. Let us help you win the compensation you need and deserve.