South Carolina Injury Lawyer Blog

Charleston medical malpractice lawyers want to warn doctors and consumers that Botox and popular Botox manufacturer Allergan are now required by the Food and Drug Administration to place a black box warning label on their product due to the serious side effects and deaths that have occurred when using the product for non-therapeutic reasons. Botox Cosmetic is approved for temporary cosmetic procedures and Myobloc, a similar drug, is approved for combating severe neck and muscle spasms in adult patients. Neither drug has been approved for children under the age of twelve.

Some doctors administer Botox and Myobloc for off-label purposes, and the side effects have resulted in severe personal injury and death. The Food and Drug Administration evaluated reaction reports of patients who had received Botox and Myobloc procedures. After reviewing these reports in August, the FDA decided and mandated that both drugs carry a black box warning label. The warning explicitly states the severity of the side effects associated with the use of the drug. After receiving a Botox injection a patient can experience side effect symptoms in hours up to seven days. These sometimes severe side effects are similar to the flu and can alter breathing to the point where hospitalization is required. Due to the onset of severe symptoms and hospitalization many of these cases are not identified as Botox-related until much later on.

In 2003, Irene Medavoy sued Allergan for “debilitating ailments” after receiving Botox treatments. She claimed to have received treatments for migraine headaches, and her Botox treatments did not help her migraines and in return made her fatigue, gave her respiratory problems, and fevers. The jury sided with Allergan and found the company not guilty. This was prior to all of the new information and facts on patients’ side effects. When cases are brought before a jury today involving Botox or Allergan, the facts are not in the drug or manufacturer’s favor.

Continue reading "South Carolina Wrongful Death: Required Black Box Warning Label" »

South Carolina Brain injury lawyers recently learned that Adrien Gault had played football all of his life, but after suffering numerous concussions and somehow still being awarded clearance to play by the district, Gault slipped into a coma and suffered a subdural hematoma. Gault filed suit against Sequim Chiropractic Clinic owner and operator Dr. Robert D. Bean and his wife, as well as the Sequim School District. Gault filed his suit for damages from his brain injury in 2006 with the Clallam County Superior Court on January 13, 2010.

After suffering numerous concussions one may wonder how Adrien Gault was still allowed to play football and why he was not taken out of the game after a pre-game concussion on October 20, 2006. The district and district doctors never told him he was unfit to play.

Gault was violently hit in a warm up drill before the October 20, 2006, game versus North Mason High School. He played a full quarter of the game and part of the second quarter before complaining of headaches and being taken out of the game. What happened next alarmed coaches, teammates, and fans.

Gault collapsed on the sidelines and was carried off the field. Just hours later, he suffered a subdural hematoma, which is when the brain swells and bleeds as a result to a traumatic brain injury. Gault was then airlifted to a neighboring hospital where they had to remove part of his skull to reduce pressure on the brain. After this horrifying incident the plaintiff does not have full control of his left arm, has constant headaches, and cannot remember things at times.

The plaintiff alleges that the proper medical attention was not sought out after he complained of headaches following the hit he endured in warm-ups. Usually medical attention is required if a player complains of headaches, due to the common nature of concussions in football. Concussions, especially players who have suffered concussions before, are not to be taken lightly.

Source: Peninsula Daily News- “Former Sequim Football Player Sues District, Chiropractor over Brain Injury.” January 22, 2010.