Fujifilm Healthcare Americas Corp. is facing a lawsuit from a Texas hospital employee who says she suffered severe hearing damage when a company representative’s endoscope demonstration ended in an explosion.
Elizabeth Morell was on staff at Texas Health Presbyterian Hospital-Plano on March 23 when Fujifilm employee Jeremy Roper demonstrated an endoscope for an endoscopic ultrasound and endoscopic retrograde cholangiopancreatography procedure, according to her petition filed in Dallas County’s 298th District Court. The demonstration used a sterile water bottle connected to a carbon-dioxide insufflator, which delivers a continuous flow of gas to clean the scope’s lens and provide irrigation.
Ms. Morell alleges Mr. Roper clamped the water bottle’s tubing, trapping the pressurized gas until the bottle burst. She was wearing hearing aids at the time, and the amplified sound of the explosion severely damaged her hearing, an injury the lawsuit says could last the rest of her life.
Ms. Morell sued Fujifilm and Mr. Roper for negligence, gross negligence, and negligent hiring, training, supervision and retention. She’s seeking more than $1 million in damages, including punitive damages, along with compensation for medical costs, lost wages, and physical and mental pain and suffering. She has demanded a jury trial.
Fujifilm denies responsibility. In its answer, the company says a hospital employee it identifies only as “Karen” disregarded Mr. Roper’s explicit instructions and turned the carbon-dioxide valve on instead of off, causing the bottle to burst. Fujifilm has asked the court for leave to designate Texas Health Resources, which owns the hospital, as a responsible third party, arguing the health system was negligent in hiring, training, supervising and retaining that employee. Ms. Morell’s attorneys have objected to that motion, which remains pending. Fujifilm has also moved to transfer the underlying case out of Dallas County, arguing the hospital sits in neighboring Collin County.
Fujifilm removed the case to federal court July 21, arguing the parties are citizens of different states — Ms. Morell is a Texas resident, and Fujifilm is incorporated in Massachusetts — and that the amount in controversy exceeds the $75,000 threshold required for diversity jurisdiction. Mr. Roper, an Oklahoma resident, had not been served with the lawsuit at the time of removal, according to the notice of removal.
Becker’s has reached out to Fujifilm and will update this article if more information becomes available.
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