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Botox Doc’s Dilemma: Raise The Price Or Break The Law

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(Photo by Win McNamee/Getty Images)

(Photo by Win McNamee/Getty Images)

The Las Vegas Morning News
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(KXNT News Radio Las Vegas) A Las Vegas cosmetic surgeon who filed a class action suit against the makers of Botox says the product is packaged in doses larger than the FDA-approved dose.  Each Time a 20-unit Botox treatment is administered using FDA guidelines,  more than half of the product goes unused. That’s because smallest size offered to  doctors by the drug’s manufacturer is  50-unit vial.

Doctors have three choices:  Charge the patient for more than she used, absorb the cost of the wasted product themselves, or thumb their noses at the law.

Physicians received a strict directive from the Nevada State Medical Board prohibiting use of a single vial for multiple patients.  The mandate was issued following the 2007 hepatitis scare.

Dr. Julio Garcia filed a class action lawsuit against drug maker Allergan to call attention to the problem.  The suit claims Allergan has created confusion by distributing Botox in an oversized vial, but with instructions for single patient use.

Garcia says doctors who follow the state’s rule are forced to charge more than doctors who ignore it.  The doctors who comply can’t stay price competitive with the doctors who don’t, he told KXNT.

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