Va. Federal Judge Orders New Trial in Botox Adverse Reaction Case

RICHMOND, Va. — A Virginia federal judge has ordered a new trial in a Botox injury case, ruling that Allergan Inc. was prejudiced when plaintiff’s counsel argued that the drug maker should have included a black box warning without adding that such a warning would need to be approved by the Food and Drug Administration. Ray v. Allergan Inc., No. 3:10-136 (E.D. Va.).

On June 1, Senior District Judge Robert E. Payne further ruled that Allergan did not waive its right to seek a new trial by failing to object to plaintiff’s argument because “the error was so obvious or …