Snell & Wilmer Product Liability Group Successfully Defends Allergan, Inc. in Botox Lawsuit.

IRVINE, Calif. -- Snell & Wilmer Product Liability Litigation Partners Hoot Gibson and Ellen Darling led the successful defense of Allergan, Inc. (NYSE:AGN) in the Irena Medavoy vs. Arnold Klein, M.D. and Allergan, Inc. trial which concluded October 8, 2004, in the Los Angeles County Superior Court. This was the first trial involving BOTOX(R).

Irena Medavoy, the wife of Hollywood producer Mike Medavoy, claimed she suffered life-altering intractable headaches, fibromyalgia, extreme neck weakness, difficulty breathing, difficulty swallowing, and extreme fatigue, among a long list of other symptoms, following her March 4, 2002 treatment with BOTOX(R) for cosmetic purposes and for her migraines. Both treatments were off-label uses of BOTOX(R). Irena Medavoy alleged that she was bedridden for four months after her March 4, 2002 BOTOX(R) treatment, lost a reality television show opportunity with NBC producer Stuart Krasnow, and that she continued to suffer from the effects of BOTOX(R) today.

In her complaint, Irena Medavoy alleged causes of action for negligence, products liability, fraud, negligent misrepresentation, improper promotion of unapproved uses of BOTOX(R), intentional misconduct and violations of sections 17200 and 17500 of the California Business & Professions Code (the "B&P Code") against Allergan, Inc., and medical malpractice, breach of fiduciary duty, intentional misconduct, and violations of section 17200 of the B&P Code claims against her Beverly Hills Dermatologist, Dr. Arnold Klein. Before the trial began, the presiding judge, Judge Victor Chavez, bifurcated the B&P Code claims from the jury trial and intended to hear these equitable claims at the conclusion of the jury trial.

During the jury trial, Irena Medavoy alleged that Allergan, Inc. failed to warn her and Dr. Arnold Klein about potential serious side-effects, such as life-altering intractable headaches, following the use of BOTOX(R). She also claimed that Allergan, Inc. fraudulently concealed information about BOTOX(R) from physicians and patients, such as Dr. Klein and Irena Medavoy, and that it engaged in the off-label promotion of BOTOX(R). At the conclusion of Irena Medavoy's case-in-chief, Judge Chavez granted a Motion for Nonsuit on her claims for fraud, manufacturing defect, improper promotion of unapproved uses of BOTOX(R), intentional misconduct, and punitive damages.

After six weeks of trial, the jury rendered a defense verdict for Allergan, Inc. and Dr. Klein. The defense presented a multi-tiered strategy which included jury education regarding "off-label" terminology and use, analysis of Irena Medavoy's extensive medical and psychological history, and examination of clinical studies involving BOTOX(R). The jury's decision reinforces the ability for drug manufacturers and doctors to rely on valid scientific studies in jury trials.

Before the jury returned with the defense verdict, the Court dismissed Irena Medavoy's section 17200 and 17500 B&P Code claims against Allergan, Inc. and Dr. Klein. These claims were based primarily on Irena Medavoy's belief that Allergan, Inc.'s advertising and promotional materials were false and misleading.