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ALLERGAN : Mark & Associates, P.C. & McGinnis, Lochridge, Kilgore, L.L.P. File Lawsuit Against Botox Maker Over Patient Deaths, Injuries

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07/10/2008 | 12:23pm CEST

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 at www.BotoxLegalRights.com.

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 their mother.

-- 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 brother.

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 their interests.

SOURCE Mark & Associates, P.C.

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