A man who says that Botox injections left him disabled has settled his $60.5M Botox lawsuit with Allergan. Thomas McGee's Orange County, California products liability trial against the Irvine-based company had ended with a hung jury earlier this year. Both parties arrived at the settlement just before the second trial, which was scheduled for next month.
McGee has said that he developed the autoimmune disease Guillain-Barre Syndrome four days after he started taking Botox shots for his back pain. Now, he cannot walk unless he is on crutches and he also was forced to stop working as a Little Debbie Snack Cake distributor.
In his Orange County, California dangerous drug lawsuit, McGee contended that Allergan should have warned that Botox could cause Guillain-Barre Syndrome. (The jury had gotten stuck on the question over whether or not inadequate warnings by Allergan played a key role in causing the harm that McGee had suffered)
"It is important that patients who suffer serious injuries that they were never warned about could occur from taking a particular medication obtain dangerous drug compensation for their pain, harm, and other losses," said Anaheim personal injury lawyer Vincent Howard.
It was just last year that a federal jury ordered Allergan to pay another plaintiff $212 million for the permanent injuries he sustained after getting Botox injections to alleviate the writer's cramps he was experiencing. Douglas Ray Jr., 67, now is bedridden and suffers from brain damage. According to his products liability lawyer, Ray cannot speak and he needs someone to feed him." Of the verdict, $12 million is for compensatory damages, while the remaining $200 million was for punitive damages.
Also last year, Allergan reached a California injury settlement with a woman who said her Botox shots, which she took for cosmetic purposes, were the cause of her systemic issues. Another woman settled her Botox lawsuit over the brain damage she contends came from getting Botox injections for her neck pain. Other products liability lawsuits over Botox were also reached against Allergan prior to 2011.
Although made famous by celebrities--many of them use the drug to temporarily eliminate the appearance of wrinkles on their faces (the area between the eyes and on the forehead, in particular)--Botox has also been used for off-label uses to treat certain conditions, such as headache, juvenile cerebral palsy, pain, and spasticity. Unfortunately, regardless of whether the use of the drug is medicinal or cosmetic, serious, permanently debilitating side effects have been linked to the drug. In addition to some of the serious ones experienced by the plaintiffs in the Botox lawsuits we mentioned above, other reported serious reactions have included respiratory muscle paralysis, dysphagia, aspiration pneumonia, and death.
Botox lawsuit that asked $60.5 million settles, The OC Register, May 24, 2012
Maker of Botox Settles Inquiry, New York Times, September 1, 2010
More Blog Posts:
Botox Lawsuit: Allergan Ordered by Jury to Pay $212M Verdict to Man Who Suffered Brain Damage After Taking Drug to Treat Hand Cramps, California Injury Lawyers, April 30, 2011
Jury Selection Begins in Santa Ana, California Wrongful Death Trial Involving 7-Year-Old Who Was Given Botox Injections, California Injury Lawyers, January 25, 2010
Movie Star Dennis Quaid Files Los Angeles Dangerous Drug Lawsuit Against Baxter Healthcare Corp. For Twins Near-Fatal Heparin Overdose, California Injury Lawyers, May 29, 2010
To schedule your free case evaluation, contact Irvine Botox lawyer Vincent Howard today.