Va. Botox plaintiff wins $212 million

May 4, 2011

A U.S. District Court jury here has awarded a Virginia man $212 million in a suit against Botox manufacturer Allergan, the Richmond Times-Dispatch reports.

Richmond, Va. - A U.S. District Court jury here has awarded a Virginia man $212 million in a suit against Botox manufacturer Allergan, the Richmond Times-Dispatch reports.

Through his lawyers, 67-year-old Douglas Ray Jr. claimed the Irvine, Calif., pharmaceutical maker’s product caused brain damage that left him disabled. Mr. Ray, a Vietnam veteran, was given Botox (onabotulinumtoxinA) injections in 2007 to treat a hand tremor and writer’s cramp. His suit alleged the treatments caused severe medical complications that resulted in total disability and nearly $650,000 in medical expenses.

The Times-Dispatch reports that in an email, Allergan spokeswoman Caroline Van Hove wrote, “We are obviously disappointed with the jury’s verdict ... finding that Allergan failed to adequately warn Mr. Ray’s treating physician about the potential risks of Botox treatment.”

Ms. Van Hove said the facts and expert testimony established there was no evidence that Allergan failed to make available adequate information to Mr. Ray’s physician about the potential risks associated with Botox. She wrote that evidence showed Botox did not cause Mr. Ray’s current illness, which was diagnosed by experts as CADASIL (cerebral autosomal dominant arteriopathy with subcortical infarcts and leukoencephalopathy), a genetic stroke syndrome from which Mr. Ray suffered well before he received Botox treatment.

Allergan is considering an appeal, Ms. Van Hove said.