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Widower Blames Wife’s Death on Botox

CHICAGO (CN) - A woman injected with Botox died 11 months after suffering symptoms of botulism, her widower claims in court.

Klaus Rosenstern, as executor of Janet Rosenstern's estate, sued Dr. Steven Dayan, True Skin Care Center, and the Chicago Center for Facial Plastic Surgery, in Cook County Court.

"Defendant Dayan was a cosmetic plastic surgeon during plaintiff Janet's botulinum toxin injection procedure in May 2011," the complaint states.

"At all times relevant herein, defendant Dayan held himself out to possess the requisite skill, knowhow, facilities, personnel, equipment and information to properly perform botulinum toxin injections for both cosmetic and medical purposes."

Rosenstern claims that Dayan works with Botox's maker Allergan, and is paid for doing studies for Allergan under his own research company, DeNova.

Dayan is a National Education Faculty member for Allergan, and has published a "how to" manual for doctors about Botox treatments, according to his personal website.

Allergan, which makes Botox, is not a party to the lawsuit.

Botox is an injectable drug approved by the Food and Drug Administration for cosmetic use, to reduce the appearance of wrinkles, and for certain muscular therapies.

It is also one of the most potent neurotoxins in the world, and if it spreads through the body, may cause botulism and death.

"Rosenstern was a 55-year-old female, who resided in Barrington, Illinois. Prior to her Botox injuries, Janet was a high-functioning, articulate, registered nurse, with a modest TMJ [temporomandibular joint] disorder, but otherwise in good health.

"On or about May 25, 2011, Rosenstern presented to defendant Dayan at his medical office to receive treatment for her TMJ and migraines, as well as for cosmetic enhancements," her husband says in the complaint.

It continues: "Prior to injecting Botox into Rosenstern, defendant Dayan failed to adequately inform Rosenstern of the known serious, debilitating, and deadly side effects of Botox.

"On or about May 25, 2011, Rosenstern was injected with 75 units of Botox.

"As a consequence of Rosenstern's Botox treatment, she suffered from progressing generalized muscle weakness with an inability to hold up her neck and generalized whole body muscle weakness, severe anxiety, worsening of her TMJ symptoms, neuropathic pain, and truncal parasthesias, as well as neuritic chest pain, dizziness, unsteady gait, neck pain radiating to her arm, back pain, muscle spasms, jerking type myoclonic movements in her abdominal wall, and antalgic gait."

She contacted Dr. Dayan about her symptoms immediately after her Botox injections, but he was dismissive of her complaints, the widower says.

"Rosenstern sustained an acute severe immune reaction to the Botox and the Botox reaction resulted in permanent devastating injury to Rosenstern's body, leaving her disabled," he adds.

Janet Rosenstern went to the emergency room several times as her symptoms became progressively worse.

"As a result of Rosenstern's Botox treatment, she was found unconscious on April 22, 2012, and died on April 23, 2012," her husband says.

Rosenstern seeks damages for negligence, lack of informed consent, medical battery and wrongful death.

He is represented by Shane Bradwell with Barney & Karamanis.

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