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.
If you or a loved one has experienced serious side effects or health complications with Botox, contact Newsome Law Firm and fill out a case evaluation form today. Our team of attorneys has experience specific to complications associated with prescription medication. Not only can they give you the legal guidance you need, they can help you get the compensation you deserve.