updated 1/27/2010 8:24:19 PM ET 2010-01-28T01:24:19

The case of a mother who says her 7-year old daughter died from a fatal reaction to Botox treatments for cerebral palsy is believed to be the first case alleging a fatal reaction to the drug to reach trial.

Kristen Spears died in November 2007 of respiratory failure and pneumonia. Her mother, Dee, alleges in an Orange County court that an overdose of Botox weakened muscles controlling her breathing.

Botox is known for cosmetic uses but it has also been prescribed at doctors' discretion to relax muscles in cerebral palsy patients. Federal authorities last year mandated "black box" labels that warn of potentially serious reactions to the drug.

The Irvine, California-based drugmaker Allergan Inc. declined to comment.

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