A widower has filed a wrongful death lawsuit against a physician and medical care offices claiming that after his wife had Botox injections she suffered with botulism, which led to her death eleven months later, as reported by the Courthouse News Service.
K.R., who is also the executor of his wife J.R.'s estate, has named Dr. S.D., the True Skin Care Center and the Chicago Center of Facial Plastic Surgery in the suit filed in Cook County Court.
According to the claim, "Defendant (S.D.) was a cosmetic plastic surgeon during plaintiff (J.R.'s) botulinum toxin injection procedure in May 2011. At all times relevant herein, defendant (S.D.) held himself out to possess the requisite skill, knowhow, facilities, personnel, equipment and information to properly perform botulinum toxin injections for both cosmetic and medical purposes."
K.R. has alleged that there was a financial connection between S.D. and the maker of Botox, Allergan, as the doctor was paid for doing studies of Allergan through his own research company, known as DeNova.
Furthermore S.D. is a National Education Faculty member for Allergan. According to the doctor's website he has published his own "how to" manual for other doctors that wish to learn how to use the injectable drug.
Allergan is not named as a defendant in the lawsuit.
The Food and Drug Administration has approved Botox for cosmetic practices. The drug is known for reducing facial wrinkles as well as assisting in some muscular therapy. It is also one of the most powerful neurotoxins in the world – with both botulism and death as side effects if the drug were to pass through to the body.
The suit states, "On or about May 25, 2011, (J.R.) presented to defendant (S.D.) at his medical office to receive treatment for her TMJ and migraines, as well as for cosmetic enhancements. Prior to injecting Botox into (J.R.), defendant (S.D.) failed to adequately inform (J.R.) of the known serious, debilitating, and deadly side effects of Botox…(J.R.) was injected with 75 units of Botox. As a consequence of (J.R.'s) Botox treatment, she suffered from progressing generalized muscle weakness with an inability to hold up her neck and generalized whole body muscle weakness, severe anxiety, worsening of her TMJ symptoms, neuropathic pain, and truncal parasthesias, as well as neuritic chest pain, dizziness, unsteady gait, neck pain radiating to her arm, back pain, muscle spasms, jerking type myoclonic movements in her abdominal wall, and antalgic gait."
When J.R. began experiencing side effects to the injections she contacted S.D.'s office, however, the doctor dismissed her concerns.
According to the suit J.R. "sustained an acute severe immune reaction to the Botox and the Botox reaction resulted in permanent devastating injury to (J.R.'s) body, leaving her disabled."
J.R. sought medical attention in an emergency room several times as she grew worse. Then, according to the suit, "…she was found unconscious on April 22, 2012, and died on April 23, 2012."
K.R., represented in the suit by attorney Shane Bradwell, is seeking damages for negligence, lack of informed consent, medical battery and wrongful death.
If you have lost a loved one following a medical procedure, or any type of scenario that was the fault of another party, contact a personal injury lawyer to file a wrongful death lawsuit. The sooner you file the sooner you can hope to have some closure for your grief.