$9.6 million win for medical products company among state’s top contract verdicts
DALLAS – Texas Lawyer’s annual listing of the top verdicts in Texas includes last year’s trial win by Dallas-based Rose Walker for firm client ThermoTek Inc. as one of the state’s top contract verdicts.
In November of last year, Judge Sidney Fitzwater of the U.S. District Court for the Northern District of Texas in Dallas entered a judgment of $9.6 million for medical products manufacturer ThermoTek. The judgment followed a unanimous verdict in which jurors agreed with Rose Walker’s argument that a competitor fraudulently obtained ThermoTek’s business information for a series of physical therapy machines.
The full list of the state’s top verdicts, based on data provided by VerdictSearch, is included in the July edition of Texas Lawyer and appears online here.
“We’re always happy to walk out of court with a win on behalf of our clients,” says firm founder Marty Rose, who represented ThermoTek at trial along with firm partner Chris McDowell. “But to have our work recognized among other top trial wins is a special honor.”
Flower Mound, Texas-based ThermoTek manufactures VascuTherm2, VascuTherm4 and other products used to treat deep vein thrombosis (DVT) and other medical conditions. Learn more about the company at http://www.thermotekusa.com.
In 2010, a distributor controlled by Chicago businessman Mike Wilford sued ThermoTek in Chicago based on faulty manufacturing claims. Rose Walker managed to move the case to Dallas, where Judge Fitzwater dismissed a number of the lawsuit’s claims. Rose Walker then brought a counterclaim against Mr. Wilford and his companies, alleging he fraudulently obtained ThermoTek’s business information in order to design and sell his own products. Before the verdict, the Wilford parties were sanctioned for failing to produce documents.
The case is Integrated Orthopedics, Motion Medical Technologies, LLC and Wabash Medical Company, LLC v. ThermoTek, Inc., No. 3:11-CV-0870-D.
Rose Walker LLP is a national trial and business law firm focusing on complex civil litigation and corporate legal matters. With offices in Texas and Colorado, the firm represents businesses and individuals, and its many major courtroom victories have helped Rose Walker earn a national reputation for excellence.