The Missouri Independent
A St. Louis jury awarded a California cannabis consultant $3 million on Thursday, following a four-day trial where he argued a 2022 lab accident ended his career in the marijuana industry.
The incident happened when Mark Avent of Escondido, Calif., was helping build out the cultivation and manufacturing facility at 5401 Bulwer Ave. in St. Louis, which is owned by Blue Arrow Missouri LLC.
Blue Arrow hired Avent in 2022 through a one-year, $100,000 contract to procure the necessary equipment to grow and manufacture marijuana products and train employees on the machines.
During that time, a lab technician accidentally mishandled a commercial vacuum which was used to clean the lab equipment. The vacuum blew fine marijuana dust particles into the air, and Avent suffered a severe asthma attack that led to a heart attack.
The jury unanimously found that Blue Arrow was at fault for 85% of Avent’s injuries, and Avent carried 15% of the fault.
“We’re very pleased with the verdict,” said William Meehan, Avent’s attorney. “We think that the jury was very perceptive and that they realized my client had life-threatening, life-altering injuries and that he’s never going to be the same.”
Blue Arrow’s attorneys had argued that Avent was partially responsible because he wasn’t wearing a mask even though he knew he had issues with asthma.
“Mr. Avent was a highly intelligent, highly skilled individual who knew how to set up new labs,” said David Simmons, Blue Arrow’s attorney, in his closing argument Thursday. “And he also knew how to protect himself.”
During the trial, one cannabis expert said the only mask that could have protected Avent from the amount of fine dust particles blown into the air that day was an industrial face respirator, not a surgical mask.
Lisa Avent, Mark’s wife, said the jury may have missed the significance in the difference in types of masks necessary to prevent such a medical emergency.
The jury awarded $2.5 million in damages to Mark Avent and $500,000 to Lisa Avent for distress.
In their closing arguments, Meehan had suggested the jury award $5 million to the couple, and Simmons suggested the awarded amount be $325,000.
“We’re not happy with the 15%, but I could live with it,” Meehan said. “The number is big enough, so we’re happy. And now it’s a matter of getting this company to pay.”
A separate lawsuit is ongoing to determine which of the company’s three insurance plans may need to cover Avent’s claim.
Blue Arrow’s attorneys declined to comment on the verdict, or whether or not the company will appeal the decision.
In the meantime, Meehan said his clients will begin a “multi-front collection effort,” to get the claim from insurance companies and possibly garnish the company’s accounts.
John Wilbers, founder and chairman of Blue Arrow, was not present at the verdict because he was attending his mother’s funeral. Wilbers, a personal injury attorney in St. Louis, started Blue Arrow with his mother, Kathy, who was the majority owner of the two cultivation, one manufacturing and one dispensary licenses the state awarded them in 2019, according records obtained from the Missouri Division of Cannabis Regulation.
Wilbers told The Independent Tuesday said he intends to take care of Avent.
“If somebody’s injured, we’re going to help them,” he said.
After the lab accident, Avent was taken to the emergency room and lost consciousness in the ambulance. Doctors inserted a stent in his heart to save him, Meehan said, and he still hasn’t fully recovered four years later.
On top of his ongoing medical bills, Meehan said Avent has lost at least $130,000 a year in income because he can no longer work in the marijuana industry.
Mark and Lisa Avent said after the four-day trial that they were exhausted but relieved. They initially filed the lawsuit nearly three years ago.
“We’re just glad it’s over,” he said.
The Initial Story
Trial opens in consultant’s $5 million injury lawsuit against St. Louis cannabis company
Mark Avent says a mishandled vacuum at a St. Louis marijuana cultivation site sent marijuana dust into the air, triggering a medical emergency that ended his career in the cannabis industry
A California cannabis consultant is alleging he suffered permanent heart damage after a 2022 laboratory accident at a St. Louis-based marijuana cultivation and manufacturing facility.
A St. Louis jury heard opening statements Tuesday in a lawsuit where consultant Mark Avent and his wife, Lisa, are seeking $5 million in damages, arguing the incident triggered a medical emergency that ended his career in the cannabis industry.
The incident in question happened at the facility at 5401 Bulwer Ave., owned by Blue Arrow Missouri LLC, where marijuana is grown and manufactured into products.
In 2022, a lab technician accidentally mishandled the commercial vacuum used to clean the lab equipment. The vacuum blew fine marijuana dust particles into the air, and Avent suffered a severe asthma attack.
He was taken to the emergency room and lost consciousness in the ambulance. Doctors inserted a stent in his heart to save him, Meehan said, and he still hasn’t fully recovered four years later.
“This was an accident that shouldn’t have happened,” said William Meehan, Avent’s attorney. “It was preventable, and they haven’t taken responsibility for it. That’s why we’re in trial.”
On the stand Tuesday, John Wilbers, founder and chairman of Blue Arrow, testified that the company acknowledged the incident. He read portions of the report the company submitted to the Occupational Safety and Health Administration, which described how the technician didn’t immediately shut down equipment when he saw the particles enter the air.
The report also states that the door should be closed during “all processing activities.”
Wilbers told The Independent Tuesday after his testimony that the company isn’t trying to “sweep it under the rug.” Wilbers is a personal injury attorney in St. Louis who started the company with his mother, Kathy, who died last week.
His mother was the majority owner of the two cultivation, one manufacturing and one dispensary licenses the state awarded them in 2019, according records obtained from the Missouri Division of Cannabis Regulation.
Wilbers said he understands how companies “play games” in personal injury lawsuits.
“I deal with them on the other end,” he said, “and I don’t live my life like that. So if somebody’s injured, we’re going to help them.”
The point of conflict, Wilbers said, is how much the company should pay. Wilbers said Avent had a previous “asthmatic condition.”
“He’s alleging that due to this inhalation, he had some asthmatic issue and medical conditions developed, and now he can no longer work,” he said. “Based upon my experience as a personal injury lawyer, that’s not supported.”
In the opening arguments, Meehan said Avent needs continued care to treat his heart damage and memory loss.
“Mark was a healthy person before this incident,” Meehan said. “He exercised regularly and he had no physical problems. He had no prior heart disease, no prior heart condition.”
On top of his ongoing medical bills, Meehan said Avent has lost at least $130,000 a year in income because he can no longer work in the marijuana industry.
“His personal life,” he said, “has been turned upside down.”
Trial opens in consultant’s $5 million injury lawsuit against St. Louis marijuana company
