Jury selection is scheduled to start today in the first of 15 dangerous drug lawsuits against Allergan, an Irvine-based Botox manufacturer. The pharmaceutical company is accused of concealing the dangers that can occur from using the drug.
This Santa Ana, California wrongful death trial involves 7-year-old Kristen Spears, who died in 2007. Over a 17-month period, Kristen, who had cerebral palsy, was given seven sets of Botox injections to relieve her leg spasms. Although the Food and Drug Administration has not approved using Botox in this manner, doctors are allowed to use the drug in medical situations where they believe it will help the patient.
Prior to her Kristen's death, her mother, Dee Spears. says the little girl exhibited symptoms of botulism, including seizures, muscle weakness, and not being able to hold her head up. In 2008, Dee sued Allergan for California products liability. She is convinced that Botox caused her daughter's wrongful death and she is seeking unspecified damages. Allergan, however, disputes the allegations and maintains that Kristen's death was unrelated of the Botox shots.
In May 2009, the Food and Drug Administration demanded that Botox and similar drugs be accompanied with stronger warning labels notifying users that this injectable medication can spread from the injection site to other parts of the body, which can cause serious side effects. Botox is used as an antiwrinkle drug, as well as to reduce muscle rigidity and spasms in adults and children suffering from certain health conditions, such as cerebral palsy.
Botox
Botox comes from botulism toxin, which is a paralytic agent. Botox temporarily stops muscle activity. FDA-approved uses for Botox include treatment for underarm sweating, eyelid spasms, crossed eyes, cervical distonia, and frown lines.
At least 11 people are claiming injuries from using Botox. The families of three other people say that Botox contributed to their loved ones' deaths.
Botox death case heads to trial, OC Register, January 25, 2010
F.D.A. Orders Warning Label for Botox, NY Times, April 30, 2009
Related Web Resources:
Allergan
FDA: Botox linked to kids' deaths, MSNBC, February 8, 2008
Our Orange County, California products liability lawyers represent clients with dangerous drug claims against pharmaceutical companies. Contact Howard Law, LLP today.