California Injury Lawyers Blog

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

Food and Drug Administration

Continue reading "Jury Selection Begins in Santa Ana, California Wrongful Death Trial Involving 7-Year-Old Who Was Given Botox Injections" »

A woman has filed a California dangerous drug lawsuit against pharmaceutical company Bayer. Susan Galinis claims that the Yaz birth control pill caused her stroke in June 2008.

Her Yaz lawsuit accuses the pharmaceutical company of failing to properly research the contraceptive and neglecting to warn about the stroke risk. In 2008, the Food and Drug Administration cited Bayer for what it called misleading and false advertising that failed to properly describe side effects and overstated the ways in which the pill had been approved for use.

Galinis, 39, was taking Yaz to alleviate premenstrual cramp pain. She had been using the contraceptive for 29 days when she had the stroke. To save her life, doctors had to remove part of her brain and skull. She was confined to the hospital for six months.

Her IQ is now 77, which is considered borderline mental retardation, and she has no short-term memory.

As of October 8, at least 129 products liability lawsuits have been filed against Bayer over Yas and Yasmin. The latter is an older version of the Yaz pill.

Just last month another woman sued Bayer for blood clotting injuries that she says caused her unborn daughter's stillbirth. Candice Richardson, who was prescribe Yaz/Yasmin, was 27 weeks pregnant at the time. Her wrongful death lawsuit names Bayer Healthcare Pharmaceuticals Inc., Bayer Corp., and Bayer Healthcare LLC as the defendants.

Richardson is alleging California products liability, including design and manufacturing defect, negligence, inadequate warning, Deceptive Trade Practices Act violations, negligent misrepresentation, and breach of warranties.

Drug makers are obligated to make sure that the medications that they manufacture are free from defect and are not dangerous for users. They also must specify how the drug must be used and notify users of the possible side effects and risks that can arise.

Bayer Goes to Court over Yaz, LawyersandSettlements, October 20, 2009

Woman alleges pill caused death of unborn baby, sues drug maker, The Southeast Texas Record, September 29, 2009

Yaz Stroke Lawsuit Filed in California, About Lawsuits, October 20, 2009

Related Web Resources:

Yaz

Bayer

A Birth Control Pill That Promised Too Much, NY Times, February 10, 2009

Continue reading "Yaz Lawsuit: California Dangerous Drug Complaint Filed Against Bayer " »

Movie star Dennis Quaid's twins will each get $250,000 as part of Cedars-Sinai Medical Center's California medical malpractice settlement for the drug overdose that almost killed them when they were newborns.

Zoe Grace and Thomas Boone were born premature in 2007. While at the Southern California hospital, they were accidentally given 10,000 units of Heparin--twice--when babies are usually supposed to get just 10 units. The medication overdose occurred after a pharmacy technician stored the blood thinner in the wrong area. A nurse then administered the drug to the infants without checking to make sure the dose was correct. Another baby that was at the hospital at the same time as the twins also received a Heparin overdose.

The babies began bleeding. In "critical condition," they were admitted to the neonatal intensive care unit until they recovered. Included in the terms of the California medical malpractice settlement, Cedars has consented to provide future medical care if the twins experience health issues because of the medication overdose. Court documents contend that the twins could also be subject to emotional injuries.

Although Cedars and the Quaids originally settled the civil dispute last year for $750,000, the movie star's legal team contended that the amount was not enough for the injuries to minors claim.

The Quaids are also suing drug maker Baxter Healthcare Corp. for their children's injuries. The couple, in their products liability lawsuit, have called the Heparin vials "unreasonably dangerous" and noted that the vials containing 10,000 units and 10 ml units have background colors on their medication labels that are in shades of blue. The drug manufacturer has recently revised its packaging of the Heparin vials.

Heparin Overdose
The Quaid twins are not the first babies to suffer injuries because of a Heparin overdose. In 2008, 17 babies born premature at a Texas hotel reportedly received Heparin overdoses. In 2007, three babies died in Indiana after they accidentally received adult doses of Heparin.

The Institute for Safe Medication Practices reports that Heparin is one of eight medications that are involved in over 30% of all medication mistakes. US Pharmecopia says that over an 18-month period ending in July 2008, over 250 incidents occurred in the US involving Heparin and young children age 1 and under.

Quaid Babies Settle Drug Lawsuit, TMZ, June 19, 2009

Heparin Overdoses at Texas Hospital Under Investigation, NewsInferno.com, July 9, 2008

Dennis Quaid settles with Cedars-Sinai hospital over babies' overdose, NY Daily News, December 16, 2008

Related Web Resources:
Baxter Healthcare

Cedars-Sinai Medical Center