A federal court jury awarded Douglas Ray, 67, $212 million in damages against Allergan Inc. after Ray suffered permanent brain damage after he was injected with Botox to treat hand tremors in 2007. This case sets a record for an award in a Botox injury case.
The jury awarded Ray $12M in compensatory damages and $200M in punitive damages. Compensatory damages are damages which compensates a person for their actual losses including pain and suffering, expenses and economic losses. Punitive damages combine both punishment and the setting of public example. These damages are awarded when a defendant’s action was malicious, violent, oppressive, fraudulent or grossly reckless.
Ray’s lawsuit claimed that Allergan failed to warn his doctor about risks involved of using Botox for “off-label” use. Off-label use is when a physician prescribes an otherwise approved medication for other than their approved indications.
The jury in this case felt that Allergan had heavily marketed Botox to physicians for other than reducing wrinkles.
This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a Seattle personal injury law firm and we represent clients with their product liability cases.
Jury orders Allergan to pay $212 mln in Botox case
Reuters News Service
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