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 did n'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 has n't commented on the lawsuit . Dr. Bejamin has declined to comment on the pending litigation . Allergan has n'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 , Allergan 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 Vermont was forced to pay the family nearly $ 7million .