Last week, a jury in Virginia awarded $212 million to Douglas M. Ray as a result of his lawsuit against Allergan Inc. Mr. Ray claimed that the unforeseen side effects of the Botox injections that he received in his hand later caused him to suffer permanent brain damage. He further claims that Allergan Inc. failed to warn consumers of the potential risk of brain damage from Botox injections. As a Fort Lauderdale Brain Injury Attorney, this seems to be a monumental case, and could set a precedent for the future, depending on whether or not the manufacturer appeals the ruling. Moreover, Mr. Ray’s injuries are simply heartbreaking and I feel for him and his family.
Going back to the prospect of an appeal, Bloomberg is reporting that Allergan, Inc. is considering an appeal of the verdict. Part of the reason for the potential appeal is that Virginia state laws cap punitive damages at $350,000. The original award was for $12 million in compensatory damages and $200 million in punitive damages. As a Fort Lauderdale Personal Injury Attorney, I will be very curious to see if Allergan, Inc. files an appeal, as well as what the ultimate ruling on the punitive damages cap will be.
Mr. Ray’s lawyer alleged that Allergan, Inc. was ware of the potentially harmful side effects and failed to sufficiently explain those dangers to doctors and patients. He further alleged that Allergan, Inc. failed to warn in order to avoid losing current and future sales because of their admission of the dangers.
From a Fort Lauderdale Personal Injury Lawyer’s perspective, I believe that in any circumstance a company has a duty to warn consumers of any potential harm that they may suffer, because that is simply the right thing to do. I can’t give my opinion on this case without knowing all of the details, but the award certainly demonstrates that the jury believes Allergan, Inc. failed to warn Mr. Ray of the potential for brain injuries from using Botox.
