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Plaintiff was born with hemangiomas, which are tumors of blood vessels. They are not life threatening and will typically resorb themselves after some years but can threaten the eyes if they are in close proximity. Steroidal treatment failed and the Plaintiff was entered into an experimental study in which Interferon, which was a drug approved for use in chemotherapy, was utilized for the treatment of hemangiomas. The drug was not FDA approved for this use. Plaintiff argued that Defendant Doctor and Drug Company were negligent in failing to properly research the known neurotoxic effects of the drug which would have resulted in discontinuance of the drug when the neurological symptoms began. The child sustained neurological damage to his lower extremities resulting in impaired ability to ambulate normally.
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