Taking Legal Action after Bad Reactions to Botox

Botox has become a popular cosmetic treatment to reduce appearance of facial wrinkles. Some doctors may prescribe Botox injections to treat migraine headaches as well as excessive underarm sweating. Some may even use it to treat limb spasticity in children with cerebral palsy. Unfortunately, some patients experience serious side effects after Botox injections.

What reactions can people have to Botox?

Some of the more common side effects to Botox include: 

  • bruising around the injection area;
  • headache; and
  • flu-like symptoms.

If the injection is placed in the wrong area on the face, it can move away from the targeted site causing: 

  • eyelid droop;
  • crooked eyebrows or smile;
  • dry eye; or
  • excessive tearing.

These side effects are more common after cosmetic applications of Botox. Injections can also lead to serious and life-threatening effects. According to the Food and Drug Administration (FDA) in 2008, children who receive Botox treatment for spasticity in their limbs related to cerebral palsy can experience severe adverse events. The FDA hasn’t approved Botox for this, though healthcare professionals may still utilize it for such.

In some of these cases, the Botox caused symptoms similar to botulism, including difficulty breathing and swallowing and muscle weakness. These symptoms can be life-threatening and may result in hospitalization or even death.

Legal Options for Victims of Faulty Botox Injections

Patients who receive faulty Botox injections that lead to disfigurement and other less-serious side effects may pursue legal action, although potential plaintiffs should weigh their options in these cases.

Doctors generally have a standard of care to their patients that they have to uphold, but the damages are not always substantial enough to warrant a case. Any potential award should be weighed against the costs the plaintiff could incur filing the case.

In cases where Botox injections resulted in serious side effects, victims may be able to seek compensation from the manufacturer. Media outlets reported in February 2013 that Allergan, the manufacturer, settled a case where a young child almost died.

He had to be put on a respirator after receiving a Botox injection to treat spasticity from his cerebral palsy.  The victim also alleged that Allergan improperly marketed Botox as a treatment suitable for children even though the FDA had not approved Botox for children.

Patients harmed by poor administration of the injection may pursue legal action against the doctor who administered the treatment.

What should I do if I think I have a case?

As with any matter that could result in a legal dispute, it is a good idea to maintain documents and paperwork that you get from your doctor. If you or your child suffered serious injury, especially symptoms similar to botulism, after receiving a Botox injection, speak with a lawyer soon after you recover. A lawyer can help you determine if the Botox injection was the cause of your injuries and protect you from inadvertently waiving your rights.

The law firm of Gacovino, Lake & Associates is prepared to help you seek adequate compensation for any injuries you or your child suffered. Call us today at (800) 550-0000 for a free consultation and assessment of your case.

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