Orange County Business Journal

Allergan Loses Virginia Lawsuit Over Botox

Vita Reed Friday, April 29, 2011

A Virginia federal court jury has ordered Irvine drug maker Allergan Inc. to pay $212 million to a man who said he got permanent brain damage after being injected with Botox to treat cramps and tremors in his hand in 2007.

The Richmond, Va., jury awarded Douglas Ray, 67, $12 million in compensatory damages and $200 million in punitive damages.

Ray’s lawsuit said that Allergan failed to warn him that Botox injections could trigger an autoimmune reaction that could lead to brain damage.

His suit alleged that the neurotoxin injections caused severe medical complications that resulted in total disability and $643,800 in medical expenses.

Allergan hasn’t yet decided whether to appeal the verdict, spokeswoman Caroline Van Hove told Bloomberg.

She said the case was “inconsistent with Allergan’s past and current actions to properly warn physicians and patients about the potential risks of Botox."

Botox has various uses, such as treating chronic migraine headaches, cramping in the lower limbs and loss of muscle function and tone in the upper limbs on the therapeutic side. It's also used to smooth wrinkles on the cosmetic side.