Phebus & Koester - Attorneys at Law, Established 1895

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Wrongful Death and Serious Injuries, Including Brain Injuries
Medical Malpractice Action Resulting In Serious Injuries, Including Birth Injuries
Dangerous or Defective Products
Vehicles
Aircraft Litigation
Class Actions, including Consumer Fraud and Shareholders’ Actions
Pharmaceutical and Medical Devices and Hardware
Mass Torts
Environmental Pollution and Toxic Torts
Construction Disputes

Pharmaceutical and Medical Devices and Hardware

The firm is engaged in providing services to individuals injured by pharmaceuticals and by defective medical devices such as artificial hips and knees. These cases are brought to obtain monetary compensation for past and future injuries resulting from the product. The firm handles these cases on a contingent fee basis. The fee is based on a percent of the recovery. If there is no recovery, there is no fee.

Examples of practice in this area include:

  • Claims involving adverse reactions, including death, from prescription medications such as dilantin, fen-phen, Vioxx, Fen-phen, Celebrex, Bextra, Crestor, Propulsid, zyprexa, Guidant Corporation and rezulin.
      
  • Claims involving defectively manufactured or defectively designed medical devices such as artificial hips and knees, heart valves, temporomandibular joint inserts and orthopedic hardware such as artificial knees, hips and shoulders.

  Drugs and medical devices and hardware of current interest include:
  • Medtronic Sprint Fidelis® Defibrillators—defective wire leads resulting in breaking of wires.
  • Depo-Provera—an injectable birth control pharmaceutical manufactured by Pfizer, which has recently admitted that use for a period in excess of two years can cause osteoporosis.
  • Mesothelioma—a lung cancer caused by exposure to asbestos.  We are associated with a group of attorneys pursuing such claims on a nationwide basis. 
  • Ortho Evramanufactured by Ortho-McNeil Pharmaceutical, Inc. (parent company Johnson & Johnson)—birth control patch with possible risk of blood clots and complications including heart attacks.
  • Bisphosphonates drugs. These drugs are prescribed for the treatment of osteoporosis (bone loss). They have been implicated in causing osteonecrosis (bone death) particularly of the jaw. Brand names include Fosamax®, Aredia®, Zometa®.
  • VIOXX® (rofecoxib)—manufactured by Merck & Co.—has been associated with strokes and other cardiovascular injuries.
  • Propulsid (cisapride monohydrate) manufactured by Johnson & Johnson— Serious cardiac arrhythmias including ventricular tachycardia, ventricular fibrillation, torsades de pointes, and QT prolongation have been reported in patients taking Propulsid.
  • Tysabri manufactured by Biogen Idec and Elan—sale has been suspended due to incidence of  progressive multifocal leukoencephalopathy (PML).
  • Implantable Cardioverter Defibrillators (ICD) and cardiac pacemakers.
  • Humira® by Abbott Laboratories and Remicade® by Centocor, Inc.—rheumatoid arthritis drugs which have been associated with serious infections such as tuberculosis and pneumonia.
  • Paxil®antidepressant  manufactured by GlaxoSmithKline–has been linked to serotonin syndrome and to infant persistent pulmonary hypertension.  
  • Composix Kugel Mesh Patches—a surgical mesh that is inserted into the abdomen through a small incision and then opens up by reason of a memory coil ring (pet coil ring) that surrounds the mesh—initially manufactured by Surgical Sense, Inc.; now manufactured by Bard, Inc., through its Davol Division.
  • Bayer-Trasylol (aprotinin)—manufactured by Bayer for use in cardiac bypass surgery.  Independent studies have shown its use results in higher mortality rates and kidney failure.

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