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.