212-LAWYERS or (212) 344-1000

Lawsuit shows dangers of Botox in treating cerebral palsy

Boy developed epilepsy following "off-label" use of drug to treat spasms

A couple from upstate New York were recently awarded $6.75 million after Botox injections left their son, who is now seven years old, suffering from life-threatening epileptic seizures, according to U.S. News & World Report. Although Botox is well known for removing wrinkles, in recent years it has also been promoted for “off-label” uses by its manufacturer, such as, in this case, treating leg spasms caused by cerebral palsy. According to the lawsuit, the manufacturer promoted Botox to the family’s doctor without explaining the side effect risks.

Epileptic seizures

The couple say their doctor recommended two Botox injections, one in 2010 and a larger dose in 2012, as a way of treating their son’s leg spasms, which were a result of his mild cerebral palsy. After the second dose, the child began to develop an adverse reaction to the treatment, including facial swelling and breathing difficulties, according to the Burlington Free Press.

Most seriously, the child has since developed epileptic seizures which, the lawsuit claims, are a result of the Botox injections. He now requires somebody to be with him at all times in case another seizure requires life-saving medical attention. He must also take medication twice a day in order to control the seizures

"Off-label" use

Botox has not been approved by the U.S. Food and Drug Administration for treating spasms in children, meaning that such treatment is considered "off label." However, the manufacturer of Botox had marketed the injections to the family’s doctor as a way of treating childhood spasms without detailing the potential side effects.

As a result, the parents say they were not properly informed about the health risks of the injections. It was only until they did their own research-following their son’s adverse reaction-that they found out about those risks. For example, an animal study performed by the manufacturer found that doses of Botox in excess of eight units per kilogram of a patient’s weight could be dangerous. By comparison, their son’s second injection was at 12 units per kilogram.

Medical malpractice

Although the above lawsuit was filed against Botox’s manufacturer rather than the doctor who recommended the treatment, the case nonetheless highlights how medical practitioners may be prone to making errors when treating patients. Particularly, as in this case, when a doctor recommends a certain treatment based on incomplete information then the consequences for patients and their families can be disastrous.

Anybody who has been the victim of alleged medical malpractice should contact a qualified attorney as soon as possible. Malpractice claims often require specialized experience and knowledge of the medical profession, including of how errors happen and what effect they can have on patients.

NYC Personal Injury lawyer - RMFW Law Logo Inverted

Get a Free Consultation

No Win No Fee
April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
See All Reviews