Ray v. Allergan Inc

Ray v. Allergan Inc

The Lawsuit

Allergen Incorporation is a company that manufactures medicines. It manufactured Botox injections that the company claimed helps to cure muscle stiffness in the hands and the upper limbs. The drug also won the award for the best injection for treating migraine headaches. Ray, a 65 years old man complained of cramps and tremors in his hand. He was injected this drug; however, it had adverse side effects on him. He said that the injection completely damaged his brain and has left him disabled. Ray filed a lawsuit against Allergan Incorporation for professional negligence and medical error. The Virginia jury order Allergan Incorporation to pay Ray $212 million in punitive and compensatory damages (druganddevicelaw.net).

Prevention of the Lawsuit

It was the duty of the company to make sure that the patients are made aware of the consequences of the drug. If they would have informed the patient beforehand, Ray would not have filed a lawsuit against the company. For this, Allergan should have made sure that they used the patient's consent form. Patient consent can be defined as the method through which the patient agrees to take part in a treatment based on access to all relevant and easily digestible information about the meaning of his or her participation, especially in regard of harms and benefits. The purpose of patient consent is to enable the patient to consider the advantages and disadvantages of the proposed medical treatment in order to decide to undergo or to refuse treatment. Proper use of this principle prevents or reduces the potential for error, negligence, coercion and disappointment and encourages the doctor to self-criticism.

Ethical Considerations

Companies should make sure that the ethical considerations are incorporated in their business. They should be able to provide the patiwents with the best ethical values that they can. In this manner, they will be able to provide the customers with the best services. Ensuring ethical practices will help the patients in not suffering from adverse consequences. Communication is a major element in this regard. The healthcare professionals and the patients should be able to communicate in a manner that will help the patients in knowing what is going on and what medications are being provided to them. Listening is another major elemts that should be included in the ethical considerations between the patients and the doctors. They should be able to make sure that they listen ...