Money Matters, Simplified.
Mom seeks damages in Botox death of daughter
by Neka Sehgal - January 28, 2010 - comments
Mother Dee Spears has accused Allergen of hiding the dangers of Botox after the untimely death of her daughter, a cerebral palsy patient.
Santa Ana, CA, January 28 -- A lawsuit filed by the mother of a seven-year-old girl who died prematurely after Botox treatment for cerebral palsy seeks unspecified damages from Irvine-based Botox maker Allergan for hiding the dangers of the drug.
The focal point of this case is Kristen Spears who reportedly died on Nov. 24, 2007 of respiratory failure and pneumonia.
Her mother Dee, however, alleges that the Botox injections intended to alleviate her daughter’s ailment weakened the muscles that controlled her breathing, causing her untimely death.
Treatment worsened Kristen’s condition
Kristen was born with cerebral palsy. Her mother states that till June 2006 her daughter’s health was stable. However, over the period of the next 15 months the little girl weighing 33 pounds received seven Botox injections in her legs, chest and groin to treat her limb spasms.
Kristen’s body reacted negatively to the treatment. Subsequently, her health took a turn for the worse. The child, who was already prone to seizures, started getting them more often and her condition deteriorated.
Dee said that her daughter started exhibiting symptoms of botulism and weak muscles that prevented her from holding her head up.
Prior to her demise, Kristen was hospitalized 10 times because of pneumonia, difficulty in breathing and swallowing. The girl passed away six weeks after her last treatment.
Arguments before the jury
Dee Spears is convinced that the death of Kristen was caused due to Botox.
Her lawyer, Ray Chester, stated, “Allergan has known for many years that Botox is a dangerous drug, especially for children, especially at high doses.”
Allergan, however, disputes the allegations and attributes Kristen’s premature death to a bacterial infection and not Botox.
Vaughn Crawford, the legal adviser of the company, stated, “Botox did not cause or contribute to Kristen’s death. It is unfair to blame Allergan for her death.”
He further declared, “Botox is the standard of care for pediatricians who treat children with cerebral palsy. Evidence will show that Botox helped Kristen. She died from the most common cause of death of children with severe cases of cerebral palsy, respiratory failure and pneumonia.”
Botox safety for cerebral palsy questioned
Although risks prevail, Botox has been considered an effective treatment for spasticity and muscle tightness in kids and adolescents with cerebral palsy.
Doctors are permitted legally to inject the drug if they consider it medically advisable for their patients.
However, Botox has not been approved by the U.S. Food and Drug Administration (FDA) for the treatment of cerebral palsy.
Mauricio Delgado, a guideline author at the American Academy of Neurology stated, “There is an urgent need for more research to establish the effectiveness of the current treatments for generalized spasticity and to find additional, safer and more effective medications.”