Texas Verdicts
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$1,000,000
Type:
Verdict-Mixed
State:
Texas
Venue:
Bexar County
Court:
Bexar County District Court, 57th
Injury Type(s):
other-infection other-osteomyelitis other-tailbone/coccyx epidermis-bedsore/decubitus ulcer/pressure sore
Case Type:
Products Liability – Design Defect, Medical Devices
Case Name:
Jim Riley Walker v. Kinetic Concepts USA Inc. and CPS Medical Inc.
Date:
June 7, 2013
Plaintiff(s):
Jim Riley Walker (Male, 24 Years)
Plaintiff Attorney(s):
Christopher Hernandez;
Marynell Maloney Law Firm PLLC;
San Antonio,
TX,
for
Jim Riley Walker ■ Marynell B. Maloney;
Marynell Maloney Law Firm;
San Antonio,
TX,
for
Jim Riley Walker
Plaintiff Expert(s):
John Vrzalik ;
Engineering;
San Antonio,
TX called by:
Jim Riley Walker ■ David Mansfield M.D.;
Orthopedic Surgery;
El Paso,
TX called by:
Jim Riley Walker ■ James Smith M.D.;
Plastic Surgery/Reconstructive Surgery;
San Antonio,
TX called by:
Jim Riley Walker ■ Yadin David Ph.D.;
Biomedical;
Houston,
TX called by:
Jim Riley Walker
Defendant(s):
CPS Medical Inc.,
Kinetic Concepts USA Inc
Defense Attorney(s):
George G. Brin;
Brin & Brin;
San Antonio,
TX,
for
CPS Medical Inc., Kinetic Concepts USA Inc ■ Jane E. Bockus;
Cox Smith Matthews Inc.;
San Antonio,
TX,
for
CPS Medical Inc., Kinetic Concepts USA Inc ■ C. David Kinder;
Cox Smith Matthews Inc.;
San Antonio,
TX,
for
CPS Medical Inc., Kinetic Concepts USA Inc ■ James Veale;
Brin & Brin;
San Antonio,
TX,
for
CPS Medical Inc., Kinetic Concepts USA Inc
In March 2010, plaintiff Jim Walker, a 24-year-old student, was admitted to the Trinity Mother Francis Hospital in Tyler with pneumonia. From March 15 through March 24, he was housed in a room with a TrailDyne II bed manufactured by Kinetic Concepts Inc. and delivered to the hospital and assembled by CPS Medical Inc. He developed bedsores. Walker sued Kinetic Concepts and CPS Medical, claiming product liability, claiming the severe bedsores were due to the defective design of the bed. Plaintiff’s counsel maintained that the design of the bed’s cushioning and cushion cover sleeve allowed his body to slip between the cracks in between the cushions and come into contact with the metal bedframe. The plaintiff’s engineering expert testified that his tests showed a 15-pound weight was sufficient to separate the cushions, and that the company itself had gotten similar results from similar tests. Plaintiff’s counsel maintained that the company received numerous reports of this defect. A former Kinetic Concepts employee testified a redesigned sleeve could have solved the problem at a cost of approximately $40 per unit, but that the company failed to do so. Counsel for Kinetic Concepts denied either the bed or the sleeve was defective, and claimed Walker’s injuries were due to CPS Medical’s failure to install the sleeve correctly. The defense engineering expert testified that the plaintiff’s expert’s tests were flawed and that a properly assembled bed could support the full weight of an adult.
Walker claimed a deep tissue pressure ulcer in his lower back. He claimed he developed osteomyelitis in his coccyx, which required its removal in August 2010. He claimed he now experiences severe pain whenever he sits for more than a few minutes, and that this pain is expected to persist for the remainder of his life. He sought $5 million for past and future pain and suffering and physical impairment and punitive damages. The defense medical experts testified that illness and prolonged hospital stay was the proximate cause of Walker’s injuries, and that his injuries were not as severe as claimed.
The jury found Kinetic Concepts liable and CPS Medical not liable. Walker was awarded $1 million.
Jim Riley Walker$250,000 Personal Injury: Past Physical Impairment$250,000 Personal Injury: Future Physical Impairment$250,000 Personal Injury: Past Pain And Suffering$250,000 Personal Injury: Future Pain And Suffering
Judge:
Martha Tanner
Trial Length:
3
weeks
Trial Deliberations:
3.5
hours
Jury Vote:
11-1
This report is based on information that was provided by plaintiff’s counsel and counsel for KCI. Counsel for CPS did not respond to calls for comment.