Date: 05-11-2010

Case Style: Sharla Helton v. Allergan, Inc. and Brenda Livingston, R.N.

Case Number: CJ-2009-2171

Judge: Barbara G. Swinton

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Patton G. Lochridge, Austin, Texas Anton Joseph Rupert, Oklahoma City, Oklahoma and Geren T. Steiner, Crowe and Dunlevy, Oklahoma City, Oklahoma

Defendant's Attorney: James Jennings, Richard Mann, Marty Shrapka and Linda Kaufman, Oklahoma City, Oklahoma for Allergan, Inc.

J. Mark McAlester, Stephen Peterson and Beverly S. Pearson, Oklahoma City, Oklahoma for Brenda Livingston, R.N.

Description: Sharla Helton sued Allergan, Inc. and Brenda Livingston, R.N. on negligence and products liability theories seeking damages from having been treated with Allegan's Botulinurn Toxin Type A. Allergan failed to disclose that Botox can cause botulism. It also represented to health care professionals that Botox is "well-tolerated," "safe" and "effective." Plaintiff claimed that a majority of Botox is marketed for off-label uses.

Plaintiff, a medical doctor, practiced obstetrics and gynecology. Relying on representations by Allergan, Plaintiff consented to Botox injections in 2006 given by Defendant Brenda Livingston, R.N. The following day, Plaintiff claimed that she started experiencing the symptoms of botulism poisoning. She claimed that as a result of the botulism poisoning she suffers from severe debilitating pain in her extremities, muscle weakness, and fatigue, and was forced to step down as medical director of the Lakeside Women's Hospital and sell her OB-Gyn practice.

Allergan and Livingston generally denied all of Plaintiff's allegations.

Outcome: Plaintiff's verdict for $15 million.

Plaintiff's Experts:

Defendant's Experts:

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