Poisoned by Botox? Mike and Susan Fortuna, of Shelburne are accusing Allergan of failing to warn of dangers, negligence and breach of the Vermont Consumer Fraud Act in treating their daughter, Mandy . The parents of a Vermont woman who died last year have sued Botox maker Allergan, saying off-label treatment of her spams caused by cerebral palsy with Botox contributed to her death. Mike and Susan Fortuna, of Shelburne, sued last week, accusing Allergan of failing to warn of dangers, negligence and breach of the Vermont Consumer Fraud Act in treating their 21-year-old daughter, Mandy Fortuna. In November, a Vermont jury awarded a New York family $6.75 million in their lawsuit against Allergan. Their lawyer said 7-year-old Joshua Drake developed epilepsy after getting Botox injections for his leg spasms caused by cerebral palsy. Joshua and Fortuna were treated by the same doctor, Dr. Scott Benjamin of Burlington, Vermont. The last set of injections occurred on September 5, 2014, approximately three weeks prior to her death, according to a press release put out last week by the Fortunas' attorneys. The Fortunas claim their daughter suffered an unexplained deterioration in her health after from Dr. Benjamin. 'She was continually gagging and choking, unable to clear her secretions,' reads the complaint. 'Her breathing was shallow and Mandy had trouble holding her head up. She began to experience seizures or seizure-like spells.' The cause of death was not entirely conclusive and was ruled as atypical pneumonia, a common complication associated with Botox overdoses, according to their suit . The family obtained records from the Burlington physician, which their attorney Ray Chester says they used to determine that Mandy had received an overdose of Botox just like Joshua Drake. 'It came about seven or eight weeks too late,' Mike Fortuna told the Burlington Free Press. 'Nonetheless, we were perplexed by the whole thing. We didn't understand what had happened to her, and now we know.' Off-label: Mandy Fortuna suffered from cerebral palsy and was treated for spasms using Botox off-label . Their suit claims Botox contacted Dr. Benjamin multiple times in the 2000s and urged him to use unsafe doses of Botox for pediatric uses. In 2011, Chester and his team received what was reported to be the largest single plaintiff personal injury verdict ever awarded in the State of Virginia. That verdict was $212 million and included a $200 million punitive damages award. The case later settled for a confidential amount. According to the release, Chester's other clients range from adults who wanted to remove a few wrinkles to young children with cerebral palsy who received high dose, off-label Botox to treat spasticity. The one common thread among almost all cases is that the treatments were off-label, meaning not approved by the FDA. Allergan plead guilty to criminal off-label promotion in 2010 and paid $600 million in fines. Allergan hasn't commented on the lawsuit. Dr. Bejamin has declined to comment on the pending litigation . Allergan hasn't commented on the lawsuit. Dr. Bejamin has declined to comment on the pending litigation, which claims he was often urged in the 2000s to administer what are now known to be unsafe doses of Botox to children .
Susan and Mike Fortuna of Shelburne, Vermont say their daughter Mandy suffered an unexplained health deterioration soon after treatment . The parents learned their daughter had been treated by the same doctor who previously caused a 7-year-old boy to overdose, lawyers say . In that case, Botox maker Allergan was forced to pay the family nearly $7million .