Virginia resident D.R. has been awarded a $212 million settlement from Botox manufacturer, Allergan Inc., as the use of the drug has caused him to suffer with brain damage and other disabilities.
A federal jury came back with its verdict after a two-week long trial. C.V.H., spokeswoman for the California-based drug company, stated that the company is considering an appeal.
D.R., 67, was given $12 million in compensatory damages and $200 million for punitive damages.
D.R.’s wife, B.R., said of the verdict and the doctors that testified on her husband’s behalf, “I'm just so happy. The jurors paid close attention and came in with a wonderful verdict.
It’s really wonderful to know there are honest people in the world. The doctors we had are very dedicated.”
C.V.H. felt that the evidence presented did not prove that Allergen was to blame. She stated that the verdict was “inconsistent with the credible scientific and medical evidence supporting the efficacy and safety of Botox.”
C.V.H. further attested that Botox has been safely used for 20 years on 21 different types of medical conditions.
Under Virginia law, per C.V.H., punitive damages have a $350,000 cap. Ray Chester, the attorney for D.R., stated that he would be challenging the cap.
Chester stated that the reason the jury handed down its award was evidence, as far back as June 2007, that outlined the dangers of Botox. The evidence, a letter that Allergan had sent to doctors in Europe warning them of the dangers of Botox use, wasn’t sent to doctors in the U.S.
Chester said that Allergan “decided not to notify the U.S. doctors because they didn't want to hurt sales in their biggest market.”
By July 2007 D.R. had grown ill from Botox use.
The idea that Allergan relabeled the drug in Europe first, and attempted to guard sales in the U.S., was denied by C.V.H.
D.R. started having trouble with his right hand in 1967 when he returned from his military duty in Vietnam. Presuming that it was due to an exposure to Agent Orange, the symptoms – D.R. had difficulty managing a fork and his hand would cramp when he wrote – worsened over time so he sought treatment.
B.R., married to D.R. for 43 years, now with the help of an in-home nurse, provides him with full time care. B.R. said, “We bathe him feed, him, do just about everything for him.
It's an honor and a pleasure to take care of him.”
Before the Botox led her husband to become disabled and brain-damaged B.R. said “He was just a wonderful person to be with.” He had taken an early retirement after 20 years with AT&T and the couple had opened a hat shop in Ashland.
Chester has represented three other clients in lawsuits against Allergan. He said that in an Oklahoma City case his client was awarded $15 million.
Allergan allegedly paid a $600 million settlement after a federal investigation found that the company was guilty to one misdemeanor charge of “misbranding.” In its marketing campaign Allergan was allegedly pushing physicians to use Botox to treat headaches, spasticity and to help children with cerebral palsy – none of which was approved.
Have you been injured by a drug or medication? If the outcome isn’t what you expected, and has injured you in any way, you have the grounds for a lawsuit. Contact a personal injury lawyer today for help!