Botox Injury Lawyers in Dallas
A woman was just sentenced to prison for injecting fake Botox at a beauty salon. The woman was charged with “misbranding of a drug and two counts of receipt and delivery of an adulterated device.” This woman was found out after one of her patron’s faces became inflamed and she had to receive plastic surgery for the fake Botox injections. While this news article was scary, another frightening reality remains- real Botox can cause extensive injuries too.
Botox is used to lift, shape, widen, balance and enhance one’s face- from the eyebrows to the jawline. People often try to get rid of their crow’s feet, laugh lines, or other facial or neck creases. In 2004, there were 2,837,346 Botox cosmetic injections. In 2011, it was the top nonsurgical cosmetic procedure in the U.S. for both women and men.
Side Effects of Botox
When Botox is improperly administered, breathing problems, weakness, difficulty swallowing and difficulty speaking can result- and in some unusual cases, death has even occurred. Other side effects include:
- Paralysis of respiratory muscles
- Respiratory infection- aspiration pneumonia
- Flu symptoms
- Droopy eyelids
- Wheezing or asthma
- A rash
- Dry mouth
- Neck pain
- Uneven smile
- Muscle weakness
- Slurred speech
In a few cases, pain in the face, redness and muscle weakness can result. In the past, Allergen, the maker of Botox has faced a host of lawsuits alleging that Botox can cause serious injuries and that the drug is often promoted for unapproved uses.
While there has only been one death alleged to the cosmetic use of Botox, there has been several deaths attributed to it when it has been used for non-cosmetic reasons. According to the Journal of American Academy of Dermatology, Botox caused 28 deaths between 1989 and 2003.
In 2007, a woman died of respiratory failure after receiving seven injections of therapeutic strength Botox, a stronger derivative of Botox Cosmetic. Nonetheless, a jury ruled that Allergen was not the cause of this woman’s death. When asked if Botox could kill you, a spokesperson for Botox once said, “Generally speaking, I’d say no. But there have been rare instances where Botox may have played a role.”
One patient warned about the side effects of Botox by writing, “It has been 5 days since I was injected and as I write this, my heart is racing, the left side of my face is numb and tingly, and I have muscle weakness and extreme anxiety. Almost immediately after being injected for the first time, I swelled up with bumps on the injection sites, turned red and was sensitive to the touch, at each injection location. I also felt sick to my stomach, tired, weak and could not eat. I also had a taste in the back of my throat, like the Botox was coming down my sinuses or something of that nature.”
Advisories before taking Botox
In May 2002, the American Society for Aesthetic Plastic Surgery (ASAPS) expressed their concerns regarding Botox injections. ASAPS recommends that any Botox patients be asked the following, before receiving treatment:
- Did you provide a complete medical history?
- Were you advised on alternative treatments?
- Were you advised of the risks?
- Is a qualified physician administering the treatment?
- Is the place where you are receiving the Botox injection an appropriate setting- could it handle any emergency situations that might arise?
- Can you follow post treatment instructions?
- Will you receive adequate follow-up care?
Surprisingly, Botox was never approved by the FDA cosmetically for frown lines above the eyebrows- or crow’s feet or laugh lines. Botox, or botulinum toxin, after being injected in one area of the body, can migrate to other areas of the body- affecting functions such as breathing and swallowing.
When You Shouldn’t Take Botox
Botox should not be taken if a prospective patient is allergic to any ingredients in Botox or if an individual is allergic to another botulinum toxin brand. Other reasons not take Botox include:
- If you have a skin infection in the injuection area
- Have ALS (Lou Gehrig’s disease), myasthenia gravis, Lambert-Eaton syndrome or other muscle or nerve disease
- If you have breathing problems such as asthma
- If you have difficulty swallowing
- If you have bleeding problems
- If you have had facial surgery
- If you plan to undergo facial surgery
- If you have weakness in your forehead muscles
- If you have drooping eyelids
- If you have recently taken certain medications or supplements
A female doctor was recently awarded $15 million after a jury determined that Allergen had been negligent. In the words of the doctor, “Hopefully, now people will wake up to the real dangers.” The doctor said that after she had received injections of 50 units of Botox Cosmetic, the pain and weakness she experienced afterwards forced her to sell her medical practice and resign.
After this case, warnings have been placed on Botox boxes that say that side effects could include: “loss of strength and all-over muscle weakness, double vision, blurred vision and drooping eyelids, hoarseness or change or loss of voice, trouble saying words clearly, loss of bladder control, trouble breathing, and trouble swallowing, among other side effects.”
When can you file a lawsuit against Allergen?
According to Public Citizen, Allergen has reported 180 cases of people developing life-threatening conditions after receiving injections of Botox, including 16 deaths. It also said that between 1997 and 2006, there were 658 reports of people suffering adverse effects from Botox. Of these, 180 has aspirated fluid into their lungs and 87 had to be hospitalized. If Allergen was negligent, breached warranty or if it simply can be proven that the symptoms you experienced are directly linked to the Botox injections you received, the company can be held liable (known as a strict liability case).
A negligence lawsuit examines if reasonable care was exercised by a manufacturer, whereas a breach of liability lawsuit shows that expressed and implied warranties were broken. In a strict liability case all that has to be shown is that a product was defective, the defect existed prior to the manufacturer releasing the product and that the defect caused the victim harm. If any design defects, manufacturing defects, or “failure to warn” defects can be found, you have a case. Call Zinda Law Group today to consult our Dallas Personal Injury Lawyers to see if you have a legitimate case on your hands and to learn how we can help you fight for a successful settlement!