Attorney Daily - Your source for the most important legal news

Mark & Associates, P.C. and McGinnis, Lochridge, Kilgore, L.L.P., have filed a civil lawsuit on July 10, 2008 against Botox-maker Allergan, Inc. (NYSE: AGN) for negligent failures in the design, manufacturing and marketing of the popular anti-wrinkle drug that has caused patient deaths and injuries. The suit, filed in the Superior Court of California, Orange County, (Case No. 00180033) on behalf of 15 plaintiffs from across the nation, seeks unspecified compensatory and punitive damages. Allergan is based in Irvine, California. A copy of the complaint is available at www.BotoxLegalRights.com.

In addition to alleging design and manufacturing flaws, the suit claims that Allergan continues to promote “off label” uses of Botox for treating patients with cerebral palsy and other uses that have not been approved by the Food and Drug Administration. Allergan also fails to properly warn Botox users of the possibility of fatal and life-threatening injuries from Botox injections and fails to inform physicians and health care providers about all known risks of the drug, including death.

Ray Chester, lead counsel in the Botox litigation from McGinnis, Lochridge, Kilgore, L.L.P., and Jason Mark from Mark & Associates, P.C., continue to evaluate cases involving Botox deaths and injuries on behalf of patients who used the drug for cosmetic and therapeutic purposes. Free case consultations are available by calling 1-866-50-RIGHTS (1-866-507-4448) or by completing an inquiry on www.BotoxLegalRights.com.

Select Plaintiff Profiles

• A seven-year-old girl from Amarillo, Texas who died in 2007 after receiving Botox injections intended to treat her limp spasticity, caused by cerebral palsy. The girl developed pneumonia after undergoing Botox treatments and died. The suit is being brought on behalf of the girl’s mother who is suing for damages from the death of her daughter.
• A four-year-old boy from Maryland who died in 2007 after undergoing Botox treatments. His parents have filed suit on behalf of their deceased son.
• A sixty-nine-year-old woman who died in March 2008 after undergoing Botox treatments. The victim, a registered nurse, received Botox injections in 2007 in an attempt to lessen neck and shoulder pain. Following a series of Botox treatments, she developed severe dysphasia, lost about 50 pounds, and died of aspiration and malnutrition. Her children are suing for the death of their mother.
• A New Jersey man who died in April, 2008 as a result of Botox injections. The man’s brother has filed suit on behalf of his deceased brother.

What is Botox?

The active ingredient in Botox is Botulinum Toxin A, a purified and diluted form of botulism, which causes muscle paralysis. By temporarily stopping muscle movement, Botox can be effective in reducing the appearance of wrinkles in the skin, particularly around the eyes, nose and mouth. Botox is approved for cosmetic uses and select medical indications, including: Cervical dystonia, Blepharospasm, Strabismus, and excessive underarm sweating.

FDA Has Warned of Botox Dangers

In February 2008, the Food and Drug Administration issued a public health warning to consumers and health care providers after receiving reports of deaths, breathing problems, and other adverse reactions caused by Botox. Many of the deaths and injuries involved unapproved, “off label” uses of Botox in cerebral palsy patients suffering from muscle spasms. “Botulinum toxin is one of the most potent neurotoxins known, and injecting it at high doses is simply inviting catastrophe. The manufacturer’s promotion of that practice without properly informing patients and the medical community of the potential consequences is outrageous,” commented Jason Mark, the founding partner of Mark & Associates.

About Mark & Associates, P.C.

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

About McGinnis, Lochridge, Kilgore, L.L.P.

McGinnis, Lochridge, Kilgore, L.L.P. is a multi-practice Texas law firm with offices in Austin and Houston. The firm has earned a prominent reputation for professional excellence by guiding its clients to pragmatic solutions in lawsuits, business, and government. For over 75 years, clients have relied on the firm’s talent, experience, and strength to achieve their goals and protect their interests.

Just around 2p.m., on May 12, 2008, equipment being used to lift a section of a crane at the Cowboys stadium construction site malfunctioned injuring three workers, one critically. The section of the crane was on the ground when the accident happened, said Manhattan Construction representative Keith Cooper.

The men were using equipment to raise a section of the crane when a cable snapped, Cooper said. The men were on top of the crane’s cab and jumped to avoid falling parts and suffered injuries, according to a statement from Manhattan Construction.

The top of the crane’s cab sits between 15 and 20 feet above ground.

CareFlite took one of the workers to Baylor Hospital in Dallas. The other two workers were taken by ambulance. None of the injuries was life threatening, Cooper said.

The careflighted worker is in critical condition, said Maria Carpenter, a spokeswoman at Baylor Hospital. The other workers are in fair condition, Carpenter said.

She would not say what their injuries were.

The workers are employed by Derr Steel, a steel erection company based in Euless that is responsible for placing all of the arch steel and the roof steel at the site.

Officials said the injured men were well-trained.

“They are professional iron workers,” Cooper said. “They know what they are doing - they’ve done this time after time.”

The crane is in the east end zone plaza closest to Rangers Ballpark in Arlington. There are about 1,300 workers at the site at any given time.

The CareFlite air ambulance landed in the parking lot across from the stadium work site at the intersection of Randol Mill and Baird Farm roads.

Workers have been using the cranes to lift roofing materials into place and to lift trusses into place. Cranes have been a staple of the construction project since it began in April 2006.

The construction project has had few reports of injuries since it began. This is the third major accident at the Cowboys construction site.

In January 2007, a worker fell 20 feet through a hole between stadium levels. The contractor, Carrollton-based Capform, was fined $10,000 for not properly marking hole covers and not providing appropriate safety training to employees. The worker later returned to work.

Later that year, a worker was struck in the back with a crane hook and suffered broken vertebrae. He was taken to the hospital and released the next day.

Legislation that would call for prescription drug makers to divulge payments to doctors got a boost on May 13, 2005, when Eli Lilly and Co. broke ranks with the industry and encouraged the bill.

Lawmakers gained Eli Lilly’s support after they agreed to raise the payment limit requiring disclosure from $25 to $500. The lawmakers also agreed to apply the legislation to all drug and medical device makers. Previously, the proposed disclosures would have applied only to companies with more than $100 million in annual revenue.

The legislation addresses concerns that payments, such as picking up the tab for dinner or paying travel expenses for a conference at an exotic locale, can influence a doctor’s prescribing habits. The legislation doesn’t ban the payments, but it does require that companies report them, beginning March 31, 2011.

The legislation would pre-empt laws in the few states that already require drug makers to disclose their payments to doctors.

John C. Lechleiter, Eli Lilly’s president and CEO, said the pre-emption was an important addition to the bill.

“This helps patients, businesses and doctors alike by setting expectations and creating a more efficient system for gathering, reporting and understanding such data,” Lechleiter said.

Last year, the company was the first drug maker to publicly report all of its educational grants and charitable contributions.

The bill’s sponsor, Sen. Charles Grassley, R-Iowa, and top Democratic co-sponsor, Sen. Herb Kohl of Wisconsin, said Eli Lilly’s endorsement shows “transparency’s time has come.”

“Transparency brings about accountability and benefits everyone, consumers most of all,” Grassley said.

The lawmakers are pressing to get provisions of The Physician Payments Sunshine Act into a bill later this year that would prevent payment cuts to doctors caring for Medicare patients.