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posted: 3/3/2010 12:01 AM

Jury: Botox-maker not responsible for death

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SANTA ANA, Calif. -- A Southern California jury has determined that Botox-maker Allergan was not responsible for the death of a 7-year-old girl with cerebral palsy who died after receiving Botox injections.

Kristen Spears, of Amarillo, Texas, died in November 2007 of respiratory failure and pneumonia. Her mother, Dee, sued Allergan Inc., for $60 million, alleging an overdose weakened muscles that controlled her daughter's breathing.

The Orange County jury decided by a 10-2 vote Tuesday that Kristen's fatal pneumonia and respiratory failure were not caused by Botox.

Juror David Reyes said he concluded that Botox couldn't be singled out as a substantial reason for the girl's death.

Allergan issued a statement saying that the jury's conclusion supports the evidence that Botox played no role in Kristen's death.