Allergan Denied Summary Judgment in Pediatric Botox Botulism Case

OKLAHOMA CITY — The learned intermediary doctrine does not bar claims that Allergan Inc. (NYSE: AGN) failed to warn doctors of the risk of botulism poisoning in infants treated with Botox for limb spasticity, an Oklahoma federal judge ruled, citing the drug maker’s “evasive response” to a doctor’s dosage inquiry in 2007.

On Jan. 31, Judge Robin J. Cauthron of the U.S. District Court for the Western District of Oklahoma further ruled that federal law does not preempt the drug maker’s state law duty to warn doctors of the maximum safe dose for pediatric patients.

Jessica Wells sued Allergan …