Parents Sue Botox Maker After Woman With Cerebral Palsy Dies

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One of the final photos the Fortuna family has of their daughter, Mandy, taken during a clinic visit to receive Botox as an off-label treatment for her cerebral palsy. (Photo: Courtesy of the Fortuna family) 

The parents of a Vermont woman who died last year have sued Botox maker Allergan, saying treatment of her cerebral palsy with Botox contributed to her death.

In a federal lawsuit filed April 9, the parents of 21-year-old Mandy Fortuna alleged that Allergan failed to warn of the dangers of Botox, were negligent and breached the Vermont Consumer Fraud Act.

Fortuna was found dead the morning of Sept. 25, 2014 when her father tried to wake her for school.

David Belian, a spokesman for pharmaceutical company Actavis PLC, which acquired Allergan last month, said the company does not comment on pending litigation.

According to the lawsuit, Mandy began Botox treatments in 2007 and slowly grew sicker until 2014, when her health declined dramatically.

“She was continually gagging and choking, unable to clear her secretions,” the complaint states, Mandy’s father, Mike Fortuna, told the Burlington Free Press. “Her breathing was shallow and Mandy had trouble holding her head up. She began to experience seizures or seizure-like spells.”

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Last November, a Vermont jury awarded a New York family $6.75 million in their own lawsuit against Allergan. The family’s lawyer said 7-year-old Joshua Drake developed epilepsy after getting Botox injections for his cerebral palsy. Joshua and Fortuna were treated by the same doctor.

Allergan is contesting the verdict, saying Botox is a safe way to treat leg spasms.

The Fortuna family said that they learned of the dangers of Botox after reading about the Drake case.

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A bottle of Botox. (Photo: Getty Images/Bloomberg)

“It came about seven or eight weeks too late,” Mike Fortuna told the Burlington Free Press. “Nonetheless, we were perplexed by the whole thing. We didn’t understand what had happened to her, and now we know.”

The lawsuit says Allergan promotes the use of Botox to treat more than 100 ailments, including cerebral palsy, whiplash and headaches. It also says the majority of Allergan’s sales are “off-label, that is for indications not approved by the” Food and Drug Administration.

The Burlington Free Press says that Mandy’s official cause of death was atypical pneumonia, and that’s one of the most common complications associated with Botox overdoses.

“Mandy was a small girl with a huge heart, beaming smile and infectious laugh,” reads her obituary. “In spite of a mysterious disability that robbed her of her physical capabilities little by little, Mandy carried on to develop fantastic relationships with wonderful people, clearly communicating without ever uttering a single word.”

- With additional reporting by The Associated Press

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