Settlement Reached In Botox Case
A confidential settlement has been reached in an Oklahoma lawsuit against Allergan Inc. (AGN). The suit arose after 6-year-old boy was injected with Botox (manufactured by Allergan); he developed a reaction so severe he had to be placed on a ventilator. Jessica Wells, the mother of 6-year-old Jackson Wells, claimed the injection—which was given to her son treat spasticity in his legs, —caused him to develop acute botulism, which left him unable to breathe on his own.
Wells also claimed that Allergan promoted the drug for children, despite a lack of regulatory approval for such use. The settlement was reached in late February, 2013; trial began on February 19th in Oklahoma City federal court. “While the amount is confidential, young Jackson Wells will be well taken care of for life,” Ray Chester (the Wells’ attorney) said in an interview today. Bonnie Jacobs, a spokeswoman for Irvine, California-based Allergan, declined to comment on the case.
Botox is Allergan’s best-selling product, and it generated more than $1.7 billion in sales in 2012—this was an equal division of medical purposes and wrinkle treatments, according to the company’s earnings statement this month. Allergan is projecting up to $2 billion in 2013 sales.
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