Jury Finds in Favor of Botox Manufacturer in Off-Label Use Trial

A California jury recently returned a verdict in favor of Allergan, Inc., in a trial involving claims that Allergan’s promotion of an off-label use of its drug Botox caused the death of a pediatric patient suffering from cerebral palsy.  Kramer v. Allergan, Inc., No. 30-2008-00180033-CU-MT-CXC (Cal. Super. Ct. Orange Co. March 11, 2010).

The plaintiff, mother of the decedent, claimed that Allergan promoted the use of Botox to treat limb spasticity in pediatric patients with cerebral palsy, and that Allergan sales representatives made sales calls to the decedent’s pediatrician despite the lack of any approved pediatric uses of Botox.  The plaintiff further alleged that the use of Botox caused her child to suffer fatal seizures.

In a 10-2 vote, the jury found that Allergan had provided adequate warnings about the use of Botox.