Man Bites Dog; Allergan Sues Plaintiff

Last month

, an Orange County jury found that Botox maker Allergan was not liable for the death of Kristen Spears, a girl with severe cerebral palsy. The girl had received a series of high-dose botulinum toxin injections for spasticity from her Allergan-trained pediatrician. Spears's mother, Dee, brought a civil suit against Allergan, asking for $60 million (for more background, go here). The legal crux of the case appeared to be whether Allergan provided sufficient warning about Botox injections. The jury, in a 10-to-2 vote, decided that the company did.

Now Allergan, in perhaps a tone-deaf move, is suing Kristen's mom for legal fees, to the tune of $460,000, reports the OC Register. The company is likely sending a harsh message to existing or would-be plaintiffs and their attorneys. Among 14 other pending civil lawsuits against Allergan is that of physician Sharla Helton, who alleges that cosmetic Botox caused a multitude of neurologic problems, presumably due to the migration of toxin (which seems, BTW, highly unlikely at cosmetic dosages). The trial began this week in Oklahoma City. The physician is represented by Ray Chester of the Texas-based firm McGinnis, Lochridge, and Kilgore. Chester also represented Dee Spears.

In the meantime, Allergan's lawyers are consumed with the company's free-speech case against the government (Allergan v the United States of America). A motion hearing was scheduled for April 26; however, today's search of the court calendar reveals nothing on the schedule for the remainder of the year.