Legal News

OC jury decides Allergan not liable in girl's death

By Richard Binder

A jury refused to hold Botox maker Allergan Inc. liable for the death of a 7-year-old Texas girl being treated for cerebral palsy, saying that the warning labels provided by the company were more than adequate.

Kristen Spears, born with severe cerebral palsy had been receiving large doses of Botox at the age of 6 in an effort to reduce limb spasticity.  The drug has been known to relax contorted muscles.  Although the U.S. has not approved the use of Botox for children, doctors may legally prescribe it for "off-label" use. Spears died a year later at the age of 7.

Dee Spears, Kristen's mother, claimed her daughter died of an overdose of the drug, and that Allergan failed to adequately warn the girl's doctor of the drug's risks. The jury, on the other hand, found that although Botox did pose substantial risks, Allergan did not breach its duty to alert consumers to those risks and therefore could not be held responsible for any potential adverse results.

Allergan faces another civil trial set for next month in Oklahoma City.

Full story at LATimes.com.

Full post as published by Legal Pad | LA on March 03, 2010 (boomark / email).