Maker of Botox Loses $212 Million in Virginia Lawsuit Over Side Effects

Douglas M. Ray, a 67-year-old Fredericksburg, Virginia man, has recently been awarded $212 million by a Richmond federal jury in a lawsuit filed against Allergan, Inc., the maker of Botox.  Ray claimed he suffered permanent brain damage after receiving Botox injections for cramps and tremors he was suffering in his hand in 2007.

In the lawsuit, Ray claimed that the drug giant Allergan had failed to warn him that injections of Botox could trigger an autoimmune reaction; Ray said that the treatment left him disabled.  Of the $212 million awarded to Ray, $200 million was for punitive damages and $12 million compensatory.  Under Virginia law, the $200 million in punitive damages will be capped at $350,000 according to Caroline Van Hove, a spokeswoman for Allergan which is based in California.

Van Hove denied that Allergan failed to provide proper warnings, stating in an e-mail that every known risk associated with the use of Botox is in fact warned about and based on scientific properties of the drug.  It isn’t known yet whether Allergan will appeal.  Ray Chester, Douglas Ray’s attorney, stated that if Allergan does appeal the verdict he will attack the constitutionality of the $350,000 cap.

Ray was often left confused and disoriented following the Botox injections, and was unable to care for himself.  According to Ray Chester, Allergan was aware of these kinds of side effects but did not warn doctors and patients sufficiently about these possible side effects in an effort to avoid losing sales.

Botox or botulinum first came on the scene as a treatment to smooth wrinkles; today, it is also used to treat migraine headaches and muscle stiffness.

Whether Allergan did in fact provide sufficient warnings to physicians and patients is not known, it is a fact that manufacturers often do not provide sufficient warning on products which can lead to injuries or even death.

Brown Chiari is a dedicated team of New York defective drug recall attorneys intent on protecting the rights of and securing justice for our clients.  Please contact us for a free evaluation of your case.