Sentencing is set for December for five Albany physicians who recently pleaded guilty to federal drug misbranding charges for injecting 150 patients with the Botox imposter Tri-Toxin in 2004.

The physicians, plastic surgeons with the Plastic Surgery Group of Albany, used an unapproved drug called Tri-Toxin, provided by Toxin Research International (TRI), an Arizona company. An investigation of TRI by the Food and Drug Administration (FDA) drew attention to the Plastic Surgery Group. Although it is unclear whether any other New York physicians purchased Tri-Toxin from TRI, investigators estimate that nearly 200 physicians from the U.S. purchased the drug.

The Albany physicians maintain that they believed the drug provided by TRI was genuine Botox, even though TRI charged substantially less for Tri-Toxin than the current market price of Botox. The physicians marketed the drug as Botox to their patients in fliers and during consultations and charged the same price as they would have for legal Botox. The doctors became aware in late 2004 that the drug they were using was not, in fact, Botox and immediately stopped using it. They did not, however, notify patients who had received the drug that they had been injected with unapproved Tri-Toxin.

It is not clear whether any of the 150 patients treated by these doctors have suffered adverse effects from the Tri-Toxin injections. In 2004, however, four patients in Florida suffered temporary paralysis after receiving similar fake Botox injections. In that case, the physician had purchased Tri-Toxin from the same California company that provided large quantities of the drug to TRI.

The Albany doctors, their nurse and office manager all pleaded guilty to drug misbranding charges. Each faces a sentence that may include probation and fines up to $100,000. In addition, the judge may order the physicians to pay restitution to each of the patients who were injected with the illegal drug.

Wronged Patients Have Option of Pursuing Civil Remedies

Patients who receive unapproved Botox injections may have the option of pursuing a civil case against the physicians who administered the injections and those who made the drug available to the doctors, such as the companies who develop, market and sell the drug.

Civil cases allow crime victims to seek damages for their personal injuries from those responsible for harming them. These damages may include monetary damages, such as lost wages and medical expenses, as well as non-monetary damages, such as compensation for emotional distress and pain and suffering. Those who lose a family member as the result of a crime may also have the right to bring a wrongful death claim against the responsible parties.

Some of the legal claims that may be available to those receiving unapproved Botox injections might include:
-Medical malpractice
-Battery
-Intentional and negligent inflection of emotional distress
-Fraud
-Defective product and inadequate warning claims

Victims of crimes who are considering filing a civil claim should be aware of New York's statute of limitations, which limits the amount of time an individual has to bring certain types of legal claims:
-Intentional acts: 1 year
-Wrongful death: 2 years
-Medical malpractice: 2 years
-Personal injury and property damage: 3 years

In certain cases, the statute of limitations may be tolled, or extended, to allow crime victims a greater period of time to bring their claim to court. New York law provides that some crime victims may be permitted to commence an action to recover damages from a defendant convicted of a crime which is the subject of such action within seven years of the date of the crime. If the defendant was convicted of certain specified serious crimes, a victim may be able to commence an action up to ten years from the date of conviction. This and other similar acts by the legislature are part of what has become known as the "Son of Sam" law. An attorney can review your case and determine whether you may be eligible for a greater statute of limitations period.

Contact an Attorney Today

Civil claims are an important way for victims of crimes to get their day in court and personally hold those responsible for harming them liable for the injuries they have caused. For more information on the possibility of pursuing a civil claim, contact an attorney experienced in litigating these types of cases. A knowledgeable lawyer can help you understand your legal options and help you decide which option is the best for you and your case.