Class Action Lawsuit Following Ethex Recall of Morphine and Other Drugs
Published: December 3rd, 2008 • Comments: 22
A stockholder class action lawsuit has been filed against KV Pharmaceutical Company, the parent company of Ethex Corp., which has issued a series of recalls this year as a result of oversized tablets of morphine and other generic drugs.
The KV Pharmaceutical class action lawsuit was filed on December 2, 2008, in the United States District Court for the Eastern District of Missouri on behalf of investors who purchased Class A Common Stock (NYSE: KV-A), Class B Common Stock (NYSE: KV-B) and 7% cumulative convertible Preferred Stock (Symbol: KVPHP) between February 15, 2008 and November 12, 2008.
Over 60% of the revenues for KV Pharmaceuticals come from Ethex, their generic drug making subsidiary.
This year, a series of Ethex drug recalls have been issued due to manufacturing problems which allowed double strength tablets to be commercially released.
On June 10, 2008, one lot of 60 mg Morphine Sulfate Extended Release tablets were recalled when it was found that some of the pills sold since April 2008 were of double thickness and contained twice the appropriate amount of morphine. This could have led to a fatal morphine overdose. On June 16, 2008, another 64 lots were added to this morphine recall.
In October 2008, Ethex issued a recall for Dextroamphetamine Sulfate 5 mg tablets after discovering that three lots could contain tablets that were oversized.
In November 2008, another major Ethex recall was issued involving several different generic drugs that also could have contained up to double strength tablets, including Morphine Sulfate Extended Release Tablets (15mg), Isosorbide Mononitrate Extended Release Tablets (30mg and 60mg), Propafenone HCI Tablets (150mg, 225mg and 300mg), Morphine Sulfate Immediate Release Tablets (15mg and 30mg) and Dextroamphetamine Sulfate Tablets (10mg).
The investor class action lawsuit alleges that KV Pharmaceutical made false and misleading statements about their compliance with FDA regulations regarding the manufacture and marketing of generic drugs and failed to disclose that their manufacturing facilities were in disarray, resulting in the sale of unsafe drugs that may contain more than the intended levels of the active drug.
KV Pharmaceutical and Ethex Corporation also face potential liability from product liability lawsuits being pursued by users who suffered morphine overdose or other injuries caused by the double strength tablets that were sold.
Comment by Paulette on 19 December 2008:
IR Morphine 30 mg …I was unable to breath normally,an ambulance was called,couldn’t lay down and breath at the same time,was sick.Ambulance medics thought it was from normal dose of morphine,but I have been taking that kind of morphine for a couple years and suddenly ,I guess maybe froim a bad batch,I was overdosing.Beware of Morphine IR 30 mg!!!I think some batches are bad.
Comment by lisa on 20 December 2008:
i was taking the higher dosage of morphine sulfate . i was getting horrible stomach problems ,headaches shaky with high racing heart rate,not to mention i’ve been on these for many years and i have been regulating them as to keep my tolerance down so that they work for me . i was having withdrawal symptoms for weeks after going back to my regular dose.
Comment by Michael on 31 December 2008:
I have been taking propafenone for 8 years without problems. My condition being treated is atrialfibrilation. Suddenly in late summer I started having an unexplained series of heart arythmias. I was in the hospital for treatment to regulate may heart beat shortly after my refill.. The irregular heart beat made sense when I was notified I was taking faulty medication.
Comment by elbert on 11 January 2009:
i had a sister that died on july 23 2008 that was taken kadian morphine sulfate.the autopsy showed that this drug was present in her system.
Comment by Jennifer on 20 January 2009:
ETHEX RECALL OF ISOSORBIDE
I have been taking Isosorbide 60mg since my heart condition was diagnosis in 1996. I began taking the “recalled drug” in early Sept 2008 and by the end of Sept 2008 I had made an appointment to see my Dr. and told her that I must be having a nervous breakdown. I could not concentrate, I was unable to perform my duties and I asked if she would please draft and sign a release for me to be off work for a minimum of 3 weeks. I was unable to function and continued to have several panic attacks with no ability to reduce to headaches and sweats. I tried everything to keep it together and nothing was working. I was in fear of losing my job and after being off two weeks and 3 days; I went back to my doctor and asked if I could return to work, it was ok’d by my Dr.. And I did go back to work, but I also was given a sedative which would help keep me calm and reduce the stress and anxiety I was unable to control. I lost at least 3 months of myself not to mention that one evening on my way home from work, I actually pulled off the expressway thinking I was having a heart attach – I took a nitro (which just increased the problem). I was trying to decide whether to call “911″ or hope that the pain and discomfort would just pass. During this time , I had several people comment on my changing behavior and experienced first hand my inability to function normally and most importantly I had several people who were trying to find me other employment because they didn’t believe I was going to be able to return to my regular work.
I truly thought I must be having a nervous breakdown but my heart continued to “FLOP” like a fish out of water. When, I was notified that I was taking a drug which was being recalled; I realized that this was perhaps a “drug interaction/overdose” which almost cost me my job, my health and absolutely “me” for over several months.
I’m only 52 years old and have been taking an oral nitro for 13 years – BUT I have never experienced anything like this before. I thought I was professionally done, I thought I was going to need help monitoring my behavior and I thought I may never be able to work again. Now, since I have stopped taking the recalled medication, I am almost back to being myself and I am well on my way to being back on my “game” at work. I almost lost everything and I believe there should be consequences for releasing a drug that not only was not safe, but could have caused my death. I’m think I’m back, but I absolutely believe they should be held accountable.
Pingback by Following Morphine Recall and Other Generic Drug Problems, KV Pharma Suspends All Shipments : AboutLawsuits.com on 27 January 2009:
[...] have also filed a class action lawsuit against KV Pharma alleging that the company issued false information about their compliance with FDA manufacturing [...]
Comment by omar on 30 January 2009:
i was taking metoprolol xl for my heart condition made by ethex and last year i had to have a pace maker cuz my heart rate was down to 36 i wonder if this medicine has something to do with that
Comment by eileen on 3 February 2009:
i nearly died from the bad pills.i was rushed in an ambulance and was told if i didnt get there when i did i would have died. my liver started to fail and i had a lot of trouble. i need a lawyer and i would love to get into a class action
Comment by Ruth on 9 February 2009:
I have been on Toprol ER for highblood pressure for about 4 years. When the generic metoprolol ER was available my Doctor switched me over to the generic. I have had a great deal of hair loss this last year.
Is this one of the side effects? I have an appointment with my dermatologist. Hopefully I can get some answers.
Comment by cheri on 11 February 2009:
April 3rd of 2008 I almost died due to a morphine recall I\’m having a hard time finding help with a class action lawsuit
Comment by Tom on 15 February 2009:
Kadian morphine sulfate (in capsules only) is from a different manufacturer. Don’t try to jump on the lawyer based class action suit, please. It only makes for high prescript. costs for the rest of us. Yes, Ethex has a problem but it’s only for certain drugs and no one needs to panic except those specifically affected. I work for a wholesaler drug distribution center and we care about what drugs we send on to consumers. We pull the items off the shelf immediately when there is a recall. You might have to pay more for the brand names in the meantime because Mallinkrodt, the leader in generics has put a limit on these items due to the recall from Ethex.
That is why you can’t get what you want from the pharmacies or hospitals. You can ask your pharmacy for the brand name in the meantime.
Comment by Abby on 17 February 2009:
I took Morphine Sulfate IR tablets, 15 mg after outpatient surgery on 9/30/09. Almost immediately I began having symptoms of depressed breathing and rapid heart rate that sent me to the ER. I immediately stopped taking the morphine on the advice of the doctors and my symptoms resolved. I was subsquently sent a letter from my pharmacy indicating that there had been a recall of the lot of morphine I had been prescribed.
Comment by Cindy on 19 February 2009:
I was taking Morphine sulfate ER and IR during a 6 month peirod. I had a spinal fusion done. I did tolerate the morphine with no problem, until I starting to feel like I was coming out of my skin. It was difficult to breath and was having palpatations. It wasn’t until I received the recall letter from my pharmacy that it was apparent that I was going through withdraw due to the higher dosage of morphine. I have been through alot and can handle the worst of things. Because fortunately I did not have long or permanent damage, including dying. There is nothing I can do. It is very frustrating putting your life into drug companies and having you life in jeopardy. It was a very frightening experience. But unfortunately the drug company will not be held liable in my case.
Comment by Kim on 20 February 2009:
MY SISTER DIED FROM THIS ETHEX MORPHINE ON JUNE 6,2008….PLEASE DO SOMETHING ABOUT THIS IF YOU HAVE HAD ANY FORM OF REACTION OR INJURY FROM….GET A LAWYER NOW!
Comment by Michael on 2 May 2009:
I got very constipated, and sick, then a month later, got the letter. I called and they gave me $1,000.00. A month ago I had the same problem, but worse. I am inbetween a rock and a hard place. I applied for new insurance 2 months ago. I called to see a new primary doc. and got an appointment for next week. I couldn’t breethe last night and almost called 911. I don’t know what to do…
Comment by Raquel on 12 May 2009:
My brother in law received two letters stating that my sister received pills from one of the batches of morphine from ethex that were double in strength. He recived those letters aroun Summer 2008 and they were addressed to my Sister! My sister passed away in her sleep on January 26th 2008. She was only 36 years old! what is being done about this?!?!?!?!?!?!?!?!!?
Comment by Bette on 27 May 2009:
I was on Toprol XL and when I was switched to metoprolol I had very serious side effects. I had constant headaches, was weak and tired all the time and after nearly fainting twice I spent a day in the emergency room and had to wear a heart monitor for 3 weeks. No heart problems were discovered and then I heard about the recall of metoprolol. Since going back on Toprol XL I have had no problems.
Comment by anita on 14 June 2009:
i have been taking kadiam 30mg for 4 or5 yrs than this year 2009 i stararted having trouble breathing counldnot concentrated i felt like i was having a nevours break down breaking out in major sweats swelling really bad i also have a morphine pump that had morphine in it i was be sent to doctor to doctor emergency rooms hospital i was getting sicker and sicker they say i have sleep apea i was so very sick and finianlly they pulled it off the market and my pump has a different medication in it im still in pain but i have been through hell with yhis medicine anita june 14 2009
Comment by DOLORES on 14 August 2009:
OUR DAD ALSO DIED OF AN OVERDOSE DUE TO THOSE MORPHINE 60 MILIGRAMS THAT WERE PERSCRIBED TO HIM, JUNE 12 THEY GAVE US A PERSCRIPTION OF 12 PILLS. THEY HAD TO ORDER MORE PILLS SO WE ASKED IF THEY COULD GIVE US SMALLER PILLS BECAUSE THESE WERE TO BIG.MY DAD NEVER GOT A CHANCE TO GET THOSE 45 MORPHINE PILLS BECAUSE THEY CAME JUNE 14 SAT FROM FED EX DELIVERY, HE WAS IN A COMA HE NEVER RECOVERED HE DIED JUNE 15 ON FATHERS DAY. ALL WE WE EVER WANTED WAS TO FIND OUT THE TRUTH ABOUT WHAT HAPPENED , A FEW DAYS AFTER MY DAD DIED WE RECIEVED A RECALL LETTER FROM THE CVS PHARMACY STATING THAT THE PILLS THAT WERE GIVEN TO MY DAD WERE RECALLED.
Comment by Deborah on 3 September 2009:
My husband was given kadian for neurophty leg pain due to diaibetes.
Four days after taking it he died at home of heart failer. He was only 50 years old. Beware of this. I have always thought this med did it.
Comment by Patti on 15 November 2009:
I am reading all of these comments and crying because some of the stories are the exact same as mine. My best friend int the world, my father died in his sleep on January 14, 2008. In the summer I received a letter from CVS stating that he had a prescription for Ethex Morphine… This is SO horrible… My heart goes out to everyone that is suffering from this!
Comment by Lucy on 27 January 2010:
After my mother started taking those morphine pills, we noticed a major difference in her- sleeping all day, etc.. She was rushed to the hospital and ended up in the Intensive Care Unit with respiratory depression and was so close to dying from it, but the hospital was able to get her stable after a few days. She ended up dying anyway from an infection she got while in the hospital. She wouldn’t have been there in the first place if it wasn’t for the bad pills. A month or so after she died, we got the letter from CVS about the pills. We are trying to figure out what law firms are working on the class action suit and haven’t had any luck with the few I have contacted. They didn’t know who was working on it either. Anyone out there know any of the law firms working on this? Thank you.