A Fredericksburg-area man was awarded $212 million by a U.S. District Court jury on Thursday in a suit against the manufacturer of the drug Botox, claiming it caused brain damage and left him disabled.
The suit, by Douglas Ray Jr., 67, against Allergan Inc., of Irvine, Calif., began last week with U.S. District Judge Robert E. Payne presiding.
Ray Chester, of Austin, Texas, one of Douglas’ lawyers, said the suit asked for $12 million in compensatory damages and left the punitive damages up to the jury, “but we asked that it be big.”
“This is the biggest Botox award, for sure, and it’s got to be one of the biggest around here in Richmond,” said Chester.
Ray, a Vietnam veteran, was injected with Botox in 2007 to treat a hand tremor and writer’s cramp. His suit alleged the Botox caused severe medical complications that resulted in total disability and $643,800 in medical expenses.
Ray was unable to comment, but his wife, Peggy Ray, said following the verdict, “I’m so happy. I thank God almighty for giving me great attorneys, caring, honest doctors, and a fantastic jury that paid attention to the case.”
Her husband requires 24-hour care, she said.
Caroline Van Hove, an Allergan spokeswoman, wrote in an email that, “We are obviously disappointed with the jury’s verdict reached today, finding that Allergan failed to adequately warn Mr. Ray’s treating physician about the potential risks of Botox treatment.”
“We deeply sympathize with Mr. Ray’s condition and suffering,” she said.
But the facts, and qualified expert testimony, established that there is no evidence to suggest Allergan failed to make available adequate information to Ray’s treating physician about the potential risks associated with Botox, she added.
The evidence also showed Botox did not cause Ray’s current illness, which was diagnosed by experts as CADASIL, a genetic stroke syndrome from which Ray suffered long before his treatment with Botox, she said.
“We are currently evaluating the bases for an appeal," Van Hove wrote. "Also note that in accordance with Virginia state law, the punitive damages for which Allergan will be liable are capped at $350,000.
Chester, however, that while there is a cap, “there’s a big question as to whether it’s going to apply to this case. The judge is entering a judgment for $200 million.”
“They can appeal and argue whatever they want to argue, but the fact remains the jury hit them for $200 million,” he said.
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