Jury Awards $15 Million against Maker of Botox

Oklahoma City doctor suffered botulism poisoning after receiving anti-wrinkle injections in 2006

Uniondale, New York & Austin, Texas- Mark & Associates, P.C. and McGinnis, Lochridge & Kilgore, L.L.P. are pleased to announce a $15 million verdict against Allergan Inc. (NYSE: AGN) after a jury found the company was negligent for failing to provide sufficient warnings about potential Botox side effects. The law firms are currently representing numerous clients who have been injured as a result of Botox injections. For more information about this verdict and Botox side effects, please visit www.BotoxLegalRights.com.

Ray Chester, partner of McGinnis, Lochridge & Kilgore, L.L.P. and lead trial counsel in the case, represented Dr. Sharla Helton in her lawsuit against Allergen alleging that Botox injections in 2006 led to severe and disabling side effects. Dr. Helton, an obstetrician and gynecologist, suffered botulism poisoning after receiving Botox injections, and was forced to sell her medical practice and step down as medical director of Lakeside Women's Hospital in Oklahoma City due to botulism and debilitating pain.

Botox is the trade name for botulinum toxin, type A, which has been described by the Journal of the American Medical Association as "the most poisonous substance known." JAMA, February 28, 2001, 285: 1059-1070. Botox, especially at high doses, can migrate out of the injected muscles and cause severe injuries which constitute, or at least mimic the symptoms of, botulism.

"We are convinced there are a great number of Botox victims that have not yet associated their symptoms and illnesses with their use of Botox. We hope this verdict gives them the courage to come forward and hold Allergan responsible for their corporate misconduct," said Ray Chester. "It is simply unacceptable for a drug manufacturer to withhold vital safety information from the public."

Jason Mark of Mark & Associates, P.C., who has been part of the Botox litigation team since its inception, commented "This verdict rightly punishes a corporation who clearly put profits ahead of safety. The American public will continue to hold greedy corporations responsible when they put profit margins ahead of safety."

The firms' next Botox trial will be the case of a 70-year-old nurse who died in 2008 after she received Botox injections to ease her neck pain. That trial is scheduled to begin in Santa Ana, California in September.

McGinnis, Lochridge & Kilgore, L.L.P. was founded in 1927 in Texas with strong interests in government and politics. With offices in Austin and Houston, the firm represents individuals, companies and public institutions in more than 20 focused practice areas and industries. More information is available at www.mcginnislaw.com.

Mark & Associates, P.C. has offices in Boston, Massachusetts and Long Island, New York. The firm aggressively represents victims of defective products, dangerous pharmaceuticals and medical devices and serious accidents. More information on Mark & Associates, P.C. is available at www.youhaverights.com .

FDA Warns Botox Users

In February 2008, the Food and Drug Administration issued a public health warning to consumers about reports of deaths, breathing problems, and other adverse reactions caused by Botox. Some of the deaths and injuries involved unapproved uses of Botox in patients battling cerebral palsy patients and severe muscle spasms.

Cosmetic Uses

Botox is most commonly administered in elective, cosmetic procedures for patients hoping to improve their appearance by decreasing facial wrinkles and skin creases. Botox may be injected directly into the skin around the eyes, noses, and mouths of patients with laugh lines, Crow’s feet, and other facial imperfections they want to minimize.

Cerebral Palsy and Other Off-Label Uses

While Botox is best known as a cosmetic wrinkle reducer, it is also is frequently used by doctors to treat symptoms of cerebral palsy, muscle spasms, excessive sweating and other conditions. These “off-label uses” of the product have not been approved by the FDA and represent a large portion of the Botox-related injuries and deaths reported each year.