ALLERGAN : Mark & Associates, P.C. & McGinnis, Lochridge, Kilgore, L.L.P. File Lawsuit Against Botox Maker Over Patient Deaths, Injuries
07/10/2008| 06:23am US/Eastern
UNIONDALE, N.Y., July 10 /PRNewswire/ -- Mark & Associates, P.C. and
McGinnis, Lochridge, Kilgore, L.L.P., have filed a civil lawsuit today against
Botox-maker Allergan, Inc. (NYSE: AGN) for negligent failures in the design,
manufacturing and marketing of the popular anti-wrinkle drug that has caused
patient deaths and injuries. The suit, filed in the Superior Court of
California, Orange County, (Case No. 00180033) on behalf of 15 plaintiffs from
across the nation, seeks unspecified compensatory and punitive damages.
Allergan is based in Irvine, California. A copy of the complaint is available
In addition to alleging design and manufacturing flaws, the suit claims
that Allergan continues to promote "off label" uses of Botox for treating
patients with cerebral palsy and other uses that have not been approved by the
Food and Drug Administration. Allergan also fails to properly warn Botox users
of the possibility of fatal and life-threatening injuries from Botox
injections and fails to inform physicians and health care providers about all
known risks of the drug, including death.
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.
Select Plaintiff Profiles
-- A seven-year-old girl from Amarillo, Texas who died in 2007 after
receiving Botox injections intended to treat her limp spasticity, caused by
cerebral palsy. The girl developed pneumonia after undergoing Botox treatments
and died. The suit is being brought on behalf of the girl's mother who is
suing for damages from the death of her daughter.
-- A four-year-old boy from Maryland who died in 2007 after undergoing
Botox treatments. His parents have filed suit on behalf of their deceased son.
-- A sixty-nine-year-old woman who died in March 2008 after undergoing
Botox treatments. The victim, a registered nurse, received Botox injections in
2007 in an attempt to lessen neck and shoulder pain. Following a series of
Botox treatments, she developed severe dysphasia, lost about 50 pounds, and
died of aspiration and malnutrition. Her children are suing for the death of
-- A New Jersey man who died in April, 2008 as a result of Botox
injections. The man's brother has filed suit on behalf of his deceased
What is Botox?
The active ingredient in Botox is Botulinum Toxin A, a purified and
diluted form of botulism, which causes muscle paralysis. By temporarily
stopping muscle movement, Botox can be effective in reducing the appearance of
wrinkles in the skin, particularly around the eyes, nose and mouth. Botox is
approved for cosmetic uses and select medical indications, including: Cervical
dystonia, Blepharospasm, Strabismus, and excessive underarm sweating.
FDA Has Warned of Botox Dangers
In February 2008, the Food and Drug Administration issued a public health
warning to consumers and health care providers after receiving reports of
deaths, breathing problems, and other adverse reactions caused by Botox. Many
of the deaths and injuries involved unapproved, "off label" uses of Botox in
cerebral palsy patients suffering from muscle spasms. "Botulinum toxin is one
of the most potent neurotoxins known, and injecting it at high doses is simply
inviting catastrophe. The manufacturer's promotion of that practice without
properly informing patients and the medical community of the potential
consequences is outrageous," commented Jason Mark, the founding partner of
Mark & Associates.
About Mark & Associates, P.C.
Mark & Associates, P.C. has offices in Boston, Massachusetts and Long
Island, New York. The firm aggressively represents victims of securities and
investment fraud, insurance bad faith, defective products, dangerous
pharmaceuticals and medical devices and serious accidents. More information on
Mark & Associates, P.C. is available at www.youhaverights.com.
About McGinnis, Lochridge, Kilgore, L.L.P.
McGinnis, Lochridge, Kilgore, L.L.P. is a multi-practice Texas law firm
with offices in Austin and Houston. The firm has earned a prominent reputation
for professional excellence by guiding its clients to pragmatic solutions in
lawsuits, business, and government. For over 75 years, clients have relied on
the firm's talent, experience, and strength to achieve their goals and protect
SOURCE Mark & Associates, P.C.