Personal Injury Law

Lawsuit Claims Botox Treatment Led to Death

By Michael

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A medical malpractice claim was filed by an Indiana family who claims their daughter?s death was related to the use of Botox to treat muscle spasms.

Brandon and Jill Wells filed the personal injury lawsuit about two years after their 10-year-old daughter Audrey died. They are alleging that they were not properly informed by doctors that Botox can possibly cause breathing and muscle difficulties which can lead to death, according to the South Bend Tribune.

Audrey, who had cerebal palsy, stopped breathing a few days after she received a second dose of Botox, and died shortly thereafter.

The claim is similar similar to a recent wrongful death lawsuit filed in California by parents whose child, had cerebral palsy and died after going through Botox treatment. A jury recently found in favor of the defense in the California case, claiming the child?s cerebal palsy issues led to her death and not from use of the drug.

Botox is not recognized by the Federal Drug Administration as approved for use for muscle ailments, which is considered an ?off label? practice. But some doctors tout the usefulness of Botox for treating contorted muscles, and that adverse effects overall have been few and far between, according to the Tribune.

Representatives from Allergan, Inc., the manufacturers of Botox, did not offer any comment on either cases.

Audrey was born healthy, but suffered brain damage while still in the hospital when she stopped breathing, and was later diagnosed with cerebal palsy. While unable to walk or speak, Audrey reacted to people?s voices and to affection.

The Wells were skeptical of any medical procedures performed on Audrey, since she had suffered from seizures earlier on. But when her hip started to become rigid, and was causing her pain, Botox was a treatment option suggested by doctors, according to the Tribune.

In fall 2007, Audrey received her first Botox shot, which seemed to help improve her hip flexibility. But shortly thereafter, her parents noticed she was eating less and was more lethargic than before.

Audrey?s next injection came in February 2008, and, just like before, she was having eating problems and was lethargic a few days later. She was rushed to a local emergency room after Audrey?s pediatrician noticed she was having breathing trouble. While en route, she stopped breathing and died before arrival.

Audrey?s death was listed as from pneumonia, but an autopsy was never performed, according to the Tribune.

Audrey?s family later became aware of FDA warnings about the possibility of harm when Botox is used for muscle treatment, and said they are pursuing this medical malpractice claim to warn other families who might use Botox for treatment.

?I don’t want this to happen to any other kids like Audrey,? Brandon Wells said. ?I can’t even imagine how many kids right now are being shot up with poison and how many parents are oblivious.?

Full post as published by The Injury Blog on March 22, 2010 (boomark / email).