Quoted from http://www.reuters.com/article/2012/06/01/allergan-botox-trial-idUSL1E8H1B1F20120601
Allergan wins new trial in big Botox damages case
By Nate Raymond
June 1 | Fri Jun 1, 2012 3:26pm EDT
June 1 (Reuters) - Allergan Inc has been granted a new trial in a case brought by a man who won a $212 million jury verdict last year after claiming he was disabled by taking Botox injections.
Douglas Ray Jr's jury award had already been slashed to less than $13 million total under Virginia state law, and now, after a federal judge's ruling on Friday, he will have to make his case all over again.
Ray accused Allergan of failing to warn doctors of the risk that Botox injections could cause autoimmune reactions that lead to brain damage. Ray alleged that he suffered a severe reaction that left him completely disabled after receiving Botox injections to treat a movement disorder in his right hand -- an off-label-use for the wrinkle-smoothing drug.
In April of last year, jurors in U.S. District Court in Richmond, Virginia, awarded Ray $12 million in compensatory damages, along with $200 million in punitive damages that were later reduced to $350,000 due to a cap under Virginia law.
But Judge Robert Payne ruled Friday that Allergan deserved a new trial because it should have been made clear to the jury that the company could not add a so-called "black-box" warning to Botox packing inserts on health dangers without prior approval from the U.S. Food and Drug Administration.
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