A researcher who lost an arm when her laboratory experiment exploded in March 2016, has reached a settlement of £5 million with the University of Hawaii at Mānoa, more than eight years after filing the lawsuit.
Thea Ekins-Coward, who was 29 years old at the time, was a visiting postdoctoral fellow at the University of Hawaii at Mānoa and was carrying out a common procedure, which involved transferring hydrogen, oxygen and carbon dioxide gases into a small, low-pressure cylinder to make a growth medium for cells, when the incident occurred.
The blast resulted in the amputation of Ekins-Coward’s right arm, as well as corneal abrasions, burns to her face and a loss of high-frequency hearing. She has subsequently struggled with phantom pain, chronic pain and post-traumatic stress disorder.
Various investigations revealed equipment design and safety failures, as well as serious lab safety deficiencies at the university. In September 2016, the Hawaii Occupational Safety and Health (Hiosh) agency found that the university failed to provide a safe workplace for employees, citing 15 separate safety failures that contributed to the accident. Although, under an agreement reached the following month between the university and Hiosh, the penalties were dropped from 15 to nine.
In 2017, Ekins-Coward filed a lawsuit against the university, her supervisor Jian Yu and Richard Rocheleau, director of the institute, arguing that she was provided with materials and equipment that were inappropriate and unsafe for the research she’d be asked to carry out and was not designed for flammable gases or grounded to prevent static discharges. Such a discharge was the likely cause of the explosion, according to analysis by the Honolulu Fire Department.
She also alleged that she had requested safety training on compressed gases and on the specific hazards of these gases, but that her supervisor did not provide it.
Following the incident, the university denied liability, saying Ekins-Coward was an employee covered by limited workers’ compensation. In the US, workers’ compensation statutes generally establish a no-fault system where employers are responsible for the costs associated with work-related injuries and illnesses, regardless of fault.
According to a recent statement from her US counsel, Danko Meredith, the university then went on to blame Ekins-Coward for using inappropriate and unsafe equipment. ‘But we showed that the university approved the equipment, and that the university should have better trained our client on safety measures that should be taken when working with explosive gases,’ the statement went on.
‘The settlement we achieved was calculated to take care of our client’s needs going forward. And as a result of the investigation, universities across the country changed their laboratory safety practices so that other researchers would not suffer similar injuries.’
Ekins-Coward was also advised by Scott Rigby, an international injury partner from the UK law firm, Stewarts. In a statement released by Stewarts, the firm said that, ‘after a lengthy battle, we obtained a ruling that Dr Ekins-Coward was not the university’s employee’. They went on to explain that although the university had paid her a stipend and provided her with certain benefits she was required to sign documents confirming she was not an employee.
‘It has taken such a long time to conclude Thea’s claim, but the battle was certainly worth it,’ said Rigby, from Stewarts. ‘I am delighted for her and her family, who can hopefully now move on and rebuild their lives from the devastating consequences of the accident.’
Ekins-Coward said the past nine years had been ‘gruelling’ but that she was ‘extremely grateful’ for the support of Rigby. ‘He provided a harbour in the midst of the storm,’ she said. ‘We are of course also grateful to Mike Danko from Danko Meredith. This was an extremely complex international case that would not have been possible without the collaboration between Stewarts and Danko Meredith. After nearly a decade I look forward to moving forward and focusing on my family.’
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