Botox Maker Cleared in Wrongful Death Suit

The family of a 7-year-old girl filed a wrongful death lawsuit against Allergan, Inc., the maker of the popular cosmetic drug Botox, alleging the company failed to warn doctors that prescribing large dosages of the drug to children could be dangerous.

Earlier this month an Orange County, California jury sided with Allergan, stating that the drug maker did provid adequate warnings about the drug's risks and dangers.

The lawsuit was filed by the family of Kristen Spears, who was receiving large doses of Botox to help treat the side effects of her cerebral palsy. Botox helps relax contorted muscles and reduce limb spasticity, something Spears was suffering from. Spears' mom, Dee, claims that after her daughter received large doses of the drug she developed pneumonia and respiratory failure, and later passed away. In her lawsuit, Dee Spears claims Allergan failed to provide adequate labels warning doctors of the drug's dangerous side effects in children. Although some members of the jury agreed the drug does pose a risk of danger that "ordinary consumers" may not recognized, they ultimately determined that Allergan did not breath its duty to warn doctors and consumers of the drug's risks, and therefore was not held liable for the drug's adverse effects.