A federal jury in Virginia has awarded $212 million to a 67-year-old man who sued the maker of the drug Botox, claiming the medication caused brain damage and left him totally disabled.
As the Richmond Times-Dispatch reports, Douglas Ray of Fredericksburg, Va., was given Botox to treat a hand tremor and writer’s cramp in 2007. But instead of helping, the lawsuit claimed, the treatment triggered an autoimmune reaction leading to permanent brain damage and $643,000 in medical bills.
The jury agreed with the claim by Ray’s lawyers that Botox manufacturer Allergan Inc. failed to warn Ray’s doctor about the possible side effects of the treatment. It awarded Ray $12 million in compensatory damages, and another $200 million in punitive damages, although most of the latter sum might be erased by a Virginia law capping punitive damages at $350,000.
“I’m so happy,” said the plaintiff’s wife, Peggy Ray. “I thank God almighty for giving me great attorneys; caring, honest doctors; and a fantastic jury that paid attention to the case.”
An Allergan spokeswoman, Caroline Van Hove, disputed the conclusion that Allergan failed to indicate the risks of Botox, but said her Irvine, Calif.,-based company hasn’t decided whether to appeal.
“The verdict reached today is inconsistent with Allergan’s past and current actions to properly warn physicians and patients about the potential risks of Botox,” she told Bloomberg via e-mail. “Every known and knowable risk associated with Botox treatment based on the scientific properties of the drug was in fact warned about.”
Botox is most commonly known as a wrinkle remover, but it also is used to treat muscle stiffness and migraine headaches.


