Burger Law Case Results

Large Cash Settlement for Wrongful Death Victim by Drug Manufacturer

We represented the family of Robert Althage, who died because of St. Louis-based KV
Pharmaceuticals and Ethex Corporation’s failure to put the right amount of morphine in their morphine sulfate
tablets. These drugs were recalled by KV Pharmaceuticals and Ethex, and both of these companies almost went out of
business. They were subjected to fines and federal investigation for their lack of safe drug production. They
basically made over-sized morphine sulfate tablets and then distributed them without advising customers. The tragedy
in this case was that Mr. Althage had a back problem, filled a morphine sulfate prescription prescribed by his
primary doctor, took five of the pills over two days as directed by the physician and as labeled on the prescription
bottle and died of morphine intoxication. This was a tragedy and a surprise to his family. It is really unfortunate
that the family received a notice from the drug manufacturer and Walgreens that the morphine/sulfate may have been
contaminated a month after he died. When they received this later they were shocked. We successfully settled this
case for a large sum that we cannot disclose because the drug manufacturer required confidentiality as part of their
settlement.