Majority of Claims Survive Motion to Dismiss in Botox Wrongful Death Action

CHICAGO — An Illinois federal judge has allowed failure-to-warn, manufacturing defect and negligence claims to proceed in a Botox wrongful death action, finding the plaintiff adequately alleges that Allergan Inc. failed to inform doctors of certain risks associated with the neurotoxin.

On Oct. 25, Judge Thomas M. Durkin of the U.S. District Court for the Northern District of Illinois also refused to dismiss the breach of express and implied warranty claims, finding the complaint sufficiently alleges that Rosenstern relied on Allergan's marketing and invokes the exception to the privity requirement.

Janet Rosenstern's doctors recommended Botox treatment for her temporomandibular joint …