Legal Opinion
Drake ex rel. J.D. v. Allergan, Inc.
District Court, D. Vermont
Decided May 22, 2015No. Case No. 2:13-cv-234PublishedCited by 4 opinions
1Opinion of the Court
Opinion and Order
WILLIAM K. SESSIONS III, District Judge.
Plaintiff J.D. is a minor whose parents, Kevin and Lori Drake, filed claims individually and as next friend of J.D. against Defendant Allergan, Inc. (“Allergan”), the manufacturer of Botox. J.D. has cerebral palsy. His doctor injected Botox into his calves to treat his lower limb spasticity. The Plaintiffs claimed that these injections caused J.D. to develop a seizure disorder.
After a thirteen-day trial, the jury found that the Plaintiffs had proven that Allergan was negligent and that J.D. suffered injuries as a result of that…
2Cases cited27 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
- General Electric Co. v. JoinerSupreme Court of the United States · 1997
- State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
- Nikitas Amorgianos v. National Railroad Passenger CorporationCourt of Appeals for the Second Circuit · 2002
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3Cited by4 opinions
- Daniels v. Northcoast Anesthesia Providers, Inc.Ohio Court of Appeals · 2018
- Daniels v. Northcoast Anesthesia Providers, Inc.Ohio Court of Appeals · 2018
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- Druzba v. Honda Motor Company, Ltd.District Court, D. Vermont · 2024