{"id":920,"date":"2012-01-21T01:58:15","date_gmt":"2012-01-21T07:58:15","guid":{"rendered":"http:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/?p=920"},"modified":"2012-01-21T01:58:15","modified_gmt":"2012-01-21T07:58:15","slug":"two-brain-injury-verdicts-make-top-10-list-for-2011","status":"publish","type":"post","link":"https:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/2012\/01\/two-brain-injury-verdicts-make-top-10-list-for-2011.html","title":{"rendered":"Two Brain Injury Verdicts Make Top 10 List For 2011"},"content":{"rendered":"\r\n

Lawyers USA’s list of the Top 10 Jury Verdicts in 2011 includes two cases involving traumatic brain injury, with one of them regarding\u00a0Botox.\u00a0\u00a0<\/p>\r\n

The unusual Botox case resulted in a $212 million award against Allergan, which makes Botox, by a federal jury in Virginia last April.\u00a0The sad part is that Virginia has a state cap on punitive damages, which could knock down the jury’s $200 million in punitive damages to just $350,000, according to Lawyers USA.<\/p>\r\n

http:\/\/lawyersusaonline.com\/blog\/2012\/01\/17\/%e2%80%98ground-breaking%e2%80%99-botox-case-results-in-212-million-jury-verdict\/<\/a><\/p>\r\n

The Botox case involved Douglas Ray Jr., 67, who had developed hand tremors ever since his return from Vietnam. Ray’s doctor told him to get Botox treatments for his hand.\u00a0After his third visit and injection,\u00a0Ray first got a rash,\u00a0then appeared to be confused and eventually sustained brain damage, according to Lawyers USA.\u00a0Now he can’t walk, talk or feed or dress himself.<\/p>\r\n

Ray’s lawsuit charged that Allergan failed to warn him about the risks of Botox.\u00a0In Ray’s case, apparently the active ingredient in Botox —\u00a0\u00a0botulinum toxin type A, made from botulism —\u00a0moved from his arm muscle to his bloodstream and traveled to his brain. \u00a0\u00a0\u00a0\u00a0\u00a0<\/p>\r\n

Botox doesn’t have Food and Drug Administration\u00a0approval to be used to treat hand tremors, according to Lawyers USA. In fact, last year Allergan forked over $600 million in fines for marketing Botox for off-label uses.<\/p>\r\n

The second\u00a0case on Lawyers USA’s Top 10 List involving brain damage was a $144 million verdict for the birth of a baby who developed cerebral palsy. The lawsuit involved the botched birth of\u00a0Kimberly VanSlembrouck’s daughter at\u00a0William Beaumont Hospital in Michigan. It\u00a0 charged that her baby\u00a0should have undergone\u00a0a Caesarian, not a\u00a0vaginal, birth.<\/p>\r\n

http:\/\/lawyersusaonline.com\/blog\/author\/carollundberg\/<\/a><\/p>\r\n

According to Lawyers USA,\u00a0VanSlembrouck had gained a lot of weight during her\u00a0pregnancy, and her doctor should not have risked her doing a vaginal birth.\u00a0Markell,\u00a0the newborn girl,\u00a0suffered serious injuries coming through the birth canal, including three brain hemorrhages, Lawyers USA reported. She was purple with bruises.<\/p>\r\n

The hospital did testing on Markell after she was born, and found that she had abnormal brain development, which it\u00a0later blamed on a genetic condition called pontocerebellar hypoplasia.\u00a0\u00a0\u00a0<\/p>\r\n

After being in intensive care for three weeks, doctors determined that Markell\u00a0had cerebral palsy secondary to birth trauma, according\u00a0to Lawyers USA.\u00a0\u00a0\u00a0<\/p>\r\n

The girl is a 15-year-old now, and can’t walk or\u00a0talk. She needs 24\/7 care and assistance doing everything from eating to dressing.<\/p>\r\n

After a three-week trial, the Michigan jury granted the $144 million award.\u00a0It looks like it didn’t buy the hospital’s gambit that Markell’s medical problems were genetic.<\/p>\r\n","protected":false},"excerpt":{"rendered":"

Lawyers USA’s list of the Top 10 Jury Verdicts in 2011 includes two cases involving traumatic brain injury, with one of them regarding\u00a0Botox.\u00a0\u00a0 The unusual Botox case resulted in a $212 million award against Allergan, which makes Botox, by a federal jury in Virginia last April.\u00a0The sad part is that Virginia has a state cap […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[542,24,26,4,543],"class_list":["post-920","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-botox-and-brain-injury","tag-brain-injury-attorney","tag-brain-injury-lawyer","tag-medical-malpractice","tag-medical-malpractice-and-cerebral-palsy"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/wp-json\/wp\/v2\/posts\/920","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/wp-json\/wp\/v2\/comments?post=920"}],"version-history":[{"count":9,"href":"https:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/wp-json\/wp\/v2\/posts\/920\/revisions"}],"predecessor-version":[{"id":929,"href":"https:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/wp-json\/wp\/v2\/posts\/920\/revisions\/929"}],"wp:attachment":[{"href":"https:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/wp-json\/wp\/v2\/media?parent=920"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/wp-json\/wp\/v2\/categories?post=920"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/wp-json\/wp\/v2\/tags?post=920"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}