Congratulations to Rose Walker attorneys, Marty Rose and Chris McDowell, and their client, ThermoTek, who–along with the support of Thad Spalding–obtained a $7.5M jury verdict on November 20, 2015 following a three-week trial in a Federal District Court in Dallas. ThermoTek, who was originally sued by the Defendants, defeated the Defendants’ claims and successfully pursued its own claims for fraud and unfair competition when those Defendants convinced ThermoTek to make them distributors of ThermoTek’s medical device and then used that relationship to improperly create their own, nearly identical, product and use that product to unfairly compete with ThermoTek. A Law360.com article regarding the case can be found here.
Congratulations to Peter Kelly who, on November 19, 2015, successfully convinced the Corpus Christi Court of Appeals to affirm a trial court’s order refusing to dismiss his client’s case pursuant to Chapter 74 of the Texas Civil Practice and Remedies Code–the Texas Medical Liability Act. The client, a housekeeper, sued her employer, Corpus Christi Medical Center, for injuries she suffered when she was assigned by the Medical Center to a task that required her to lift very heavy items, a task that was not part of her normal duties. The Corpus Christi Court of Appeals refused to find that Ms. Martinez’s claim was a health care liability claim and, thus, Chapter 74 did not apply. You can find a copy of the court’s opinion here.