The Cochran Firm Legal Blog

ATLANTA, GEORGIA – On Thursday, US Attorney Sally Quillian Yates announced that pharmaceutical giant Allergan pleaded guilty to charges of illegal off-label marketing and promotion of BOTOX® Therapeutic and was sentenced to pay $375 million. The criminal case involved charges that Allegan promoted BOTOX® for uses not approved by the Food and Drug Administration (FDA), finding doctors who prescribed BOTOX® for off-label uses and instructing them in billing for off-label injections and providing illegal rewards and training.

BOTOX® Therapeutic is only FDA-approved to treat:

• Strabismus (crossed eyes)
  
• Blepharospasm (eyelid spasms)
  
• Cervical Dystonia (neck spasms)
  
• Primary Axillary Hyperhidrosis (excessive underarm sweating)
  

Any other uses of BOTOX® are considered off-label uses and are not approved by the FDA. The danger of off-label marketing is that it encourages and (unlawfully) incentivizes physicians to prescribe potentially dangerous drugs in ways that the FDA has not certified as safe and effective. This has the potential to lead to dangerous prescription drug injuries and doctors who prescribe off-label to get illegal kickbacks may actually be vulnerable to medical malpractice lawsuits, depending on the circumstances.

If you or a loved one has been injured by an off-label BOTOX® injection, please contact the pharmaceutical injury and medical malpractice lawyers of The Cochran Firm today to find out if you may have a legal case for personal injury compensation.