Several Botox users and their relatives filed a lawsuit Wednesday in Orange County, Calif, contending that the drug injured them or killed their relatives. They blamed maker Allergan Inc for failing to warn them of the dangers.
The suit links the drug to 4 deaths, including a 69-year-old nurse who received Botox injections for neck and shoulder pain, a 7-year-old girl with cerebral palsy who allegedly receivied injections to control limb spasticity, and a 71-year-old woman allegedly got Botox injections for wrinkles around her mouth at a mall clinic, and a New Jersey man who died, the suit contends, as a result of Botox injections.
Three of the deaths allegedly involved off-label uses of Botox.
In addition, the suit says that both approved and unapproved uses of Botox left 12 other plaintiffs with a range of disabilities, including blurred vision, numbness, allergic reactions, flu-like symptoms, muscle weakness, and difficulty breathing.
"Allergan emphasizes that Botox is a miracle drug and has often compared it to 'penicillin,' " the suit says. "Meanwhile, Allergan obscures that Botox is a highly lethal toxin with serious and life-threatening side effects."
Ultimately, what happened to these unfortunate people is a tragedy and a terrible ordeal for their families. However, common sense should also apply in assessing their chances of a clear victory in this case.
For example, say that somebody shot and killed your relative using a Smith & Wesson firearm. Would you sue Smith & Wesson?
From the Los Angeles Times: Allergan failed to warn of dangerous Botox side effects, lawsuit claims:
"Botox is causing major injuries and death, and it's well-documented but not widely known," said Ray Chester, a Texas lawyer who leads a nationwide team of lawyers involved in the suit. "So thousands of people are getting these injections with no warnings to speak of. Then they fall ill with serious illnesses and, in some cases, they are not even aware that it's the Botox that caused it."
For months, the Internet has seen a few of the "lawyers and settlements"-type sites fishing for potential class-action suit clients, with headlines such as "Botox Killed My Baby!" You know, heavy-handed come-ons from the ambulance-chasing crowd.
From the [removed]press release[/removed] written by the attorneys for the plaintiffs:
Ray Chester, lead counsel in the Botox litigation from McGinnis, Lochridge, Kilgore, L.L.P., and Jason Mark from Mark & Associates, P.C., continue to evaluate cases involving Botox deaths and injuries on behalf of patients who used the drug for cosmetic and therapeutic purposes. Free case consultations are available by calling 1-866-50-RIGHTS (1-866-507-4448) or by completing an inquiry on www.BotoxLegalRights.com.
I'm close to declaring this a frivolous lawsuit, but will not pass judgment until more information is known.