Type of Case: Product liability
Court: U.S. District Court, Richmond
Attorneys: Stephen W. Bricker and Christopher L. Anderson, Richmond; Ray C. Chester, Austin, Texas
A Vietnam veteran who received a series of Botox injections to treat his writer’s tremor contended that the Botox migrated from the site of the injection and caused an auto-immune disorder that attacked his brain. A progressive loss of brain function followed, and the plaintiff is incontinent, can no longer walk and requires 24-hour care.
The jury awarded $12 million in compensatory damages and $200 million in punitives. The trial judge reduced the punitive award to the Virginia cap on punitive damages of $350,000. Post-trial motions are pending.