Urbach v. The Okonite Company, St. Louis, MO Circuit Court, Case No. 1122-CC10636
Jan 25, 2016
OUTCOME: Significant verdict for the Plaintiff
Keith Urbach was occupationally exposed to asbestos-containing products during his career as an electrician, including asbestos-containing fixture wire manufactured by Okonite. He developed mesothelio...ma from his asbestos exposures and died as a result of this lethal disease. Okonite denied that it ever made the product at issue, but even if it did, that the product could not have been a substantial factor in causing his mesothelioma. The jury disagreed, finding that Okonite was negligent and that its asbestos-containing fixture wire was in a defective condition, making it unreasonably dangerous to its users.
Medical malpractice
Travis Baxter v. William Moore, M.D., et al, Tarrant County, TX, No. 048-259906-12
Aug 25, 2015
OUTCOME: The jury found Moore and Wheeler negligent, with comparative responsibility of 55 percent on Wheeler and 45 percent on Moore, and returned a significant verdict for the Plaintiff.
On March 9, 2011, plaintiff Travis Baxter, 47, disabled, went to Capstone Pain & Spine Center, Fort Worth, for a refill of his internal drug pump, which was empty. The refill was 20 cc’s of medication,... mostly Dilaudid, or hydromorphone, for chronic back pain. The pump was in his abdomen, atop his stomach. The doctor, pain management specialist Dr. William Moore, was out of state for a continuing education program, and the physician assistant, Rachel Wheeler, had never refilled an empty pump before. She telephoned Moore, and he told her that she could go ahead with the refill. When she attempted to refill the pump, some or all of the medication missed the pump reservoir and went into the pocket of tissue surrounding the pump, an event called a "pocket fill." The medication leached from the pocket into the rest of the body, resulting in an overdose and cardiopulmonary arrest. Clinic staff performed cardiopulmonary resuscitation, called 911 and called Moore. At the hospital, he was intubated and spent about four days in intensive care. He followed up with his primary care physician for a sore throat and congestion as a result of the intubation. Physically, Travis fully recovered within a month of being discharged from the hospital. However, he claimed that the incident caused psychological trauma and aggravated his pre-existing anxiety and panic, especially during refills of his pump.
