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: Cerebral Palsy Law BlogLawsuit Against Botox for Use as Cerebral Palsy Treatment
By David Austin
A jury in Southern California recently scheduled a hearing regarding a lawsuit against Allergan, Inc., the producers of the drug Botox. The lawsuit accuses the company of creating a dangerous product and wrongfully marketing it to be used as treatment for disabilities like cerebral palsy.
The lawsuit involving Botox was originally filed in 2008 in the Superior Court of California in Orange County. It was reportedly filed on behalf of the 15 plaintiffs from across the country that have either been injured or killed by using Botox to treat various medical conditions.
Botox and Cerebral Palsy
According to reports, the lawsuit claims that Allergan has been promoting 'off label' uses of Botox to treat those living with cerebral palsy. However, the Food and Drug Administration (FDA) has not reviewed or approved Botox for cerebral palsy. The lawsuit also alleges that the drug makers failed to warn those who use Botox that is can cause injuries and even be potentially fatal.
The lawsuit is seeking unspecified compensatory and punitive damages for those who have suffered as a result of using Botox and a trial is set to begin later this month in Santa Ana, California.
Victims Take Action Against Allergan
One of the many plaintiffs who have come forward to seek compensation for the wrongful marketing is the mother of Kristin Spears of Amarillo, Texas. Spears, who was born with cerebral palsy as the result of a birth injury, was one seven-years-old when she died after receiving Botox as treatment for her disability. Her mother, Dee, began the Botox treatments for her daughter to help with her limp spasticity, which is one of the many symptoms of cerebral palsy.
Statistics show that many of the injuries and deaths linked to Botox have involved "off label" uses of the drug to treat children with cerebral palsy who are living with muscle spasms.
Full post as published by Cerebral Palsy Law Blog on January 05, 2010 (boomark / email).
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Cerebral Palsy cases are a subset of general medical malpractice litigation. So in order to prove a cerebral palsy case, you have to satisfy the general rules of medical malpractice...
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In the largest study of its kind, scientists in Australia are attempting to identify genetic causes of cerebral palsy. A spokesperson states that this ".... study will investigate a key issue behind cerebral palsy: whether genetic factors make women more vulnerable to environmental risks that affect the brain of their unborn child...
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