The family of 7-year-old Kristen Spears filed a lawsuit against Allergan, Inc., the maker Botox, blaming them for their daughter's death. Spears, who was diagnosed with cerebral palsy at a young age, began receiving large doses of Botox around the age of six to reduce the side effects associated with her cerebral palsy. Her family believes those large doses of Botox led to respiratory failure and pneumonia, which ultimately led to her death.
In their lawsuit, Spear's family claimed Allergan was responsible for their daughter's death because the company failed to adequately warn Spears' pediatrician of the drug's risks and side effects. But an Orange County, California jury has ruled that Allergan is not liable for Spears' death. The jury said the company did provide adequate warning labels.
The jury's verdict didn't come easily. Some jurors felt that Botox did pose a risk of substantial danger that "ordinary consumers" would not have recognized, but ultimately decided that Allergan did not breach its duty to warn consumers of the drug's potential risks and therefore should not be held liable for adverse side effects.
The attorney representing Spears' family said they still believe the warning labels were inadequate, and plan to continue their fight against Allergan. In addition, he said his client is frustrated because the jury never addressed the question of whether or not the drug directly contributed to Spears' death.
Every year, thousands of patients throughout the U.S. suffer from debilitating health complications as a result of defective drugs and medication errors. In some cases, like the one involving Kristen Spears, a dangerous or improperly labeled drug or medication can lead to death. If you have recently lost a loved one due to a dangerous or defective drug, you should take a moment to speak with a North Carolina personal injury attorney at Lanier Law Group, P.A. If it can be proven that the drug manufacturer failed to provide adequate warning labels, you may be entitled to wrongful death benefits or personal injury damages.
Contact Lanier Law Group today at 855-234-7619 to learn more!
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