Marijuana Industry Consultant Wins $3 Million Award From Jury Over Injury From Lab Accident

“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.”

By Rebecca Rivas, Missouri Independent

A St. Louis, Missouri 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 percent of Avent’s injuries, and Avent carried 15 percent 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 percent, 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.

This story was first published by Missouri Independent.

Photo courtesy of National Institute of Standards and Technology.