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Is JUUL Responsible for Your Injuries?

By Jason Bottlinger on June 20, 2020

The dangers of JUUL products and vaping have become common knowledge. It was not that long ago that commercial breaks and online advertisements focused heavily on the dangers of tobacco products. Now, similar campaigns have crowded the airways explaining the health risks of vaping, specifically JUUL pods, in an effort to combat the initial teen-focused marketing campaigns that the company pushed during its launch.

Beyond educating the public on the damaging effects of vaping, several lawsuits have been filed against the company, including wrongful death suits and product liability claims. Plaintiffs and their attorneys argue that JUUL’s falsely marketed their products as safer than regular cigarettes, despite evidence to show that the products were highly addictive and could lead to serious, possibly fatal, lung injuries in otherwise healthy individuals.

Medical Injuries Linked to Vaping

Based on data collected from over 2,800 cases involving hospitalization or deaths related to e-cigarettes, the Center for Disease Control and Prevention (CDC) has categorized these injuries as e-cigarette, or vaping, product use-associated lung injuries (EVALI). This new category is still being evaluated, but the CDC has determined several medical conditions that are connected to vaping, including:

  • Bronchiolitis obliterans organizing pneumonia, aka BOOP or “popcorn lung”
  • Addiction to nicotine, tetrahydrocannabinol (THC), and cannabinoid (CBD), depending on the product
  • Inflammation in lung cells due to humectants exposure
  • Exposure to heavy metals, such as manganese and zinc, which are inhaled when the e-cigarette coils decompose
  • Hemorrhagic strokes
  • Seizures
  • Difficulty breathing
  • Mood swings due to nicotine withdrawal

The CDC also noted an increase in Vitamin E acetate, which is a common ingredient in vaping products that contain THC. This vitamin is common in most healthy diets and have low levels in the body are rare. However, when an individual has a large amount of Vitamin E in their blood, such as due to vaping, they can suffer from nausea, headaches, fatigue, dizziness, and blurred vision, as well as lung injuries if inhaled. Researchers found that individuals suffered from EVALI had high quantities of Vitamin E acetate in their system.

Building a Product Liability Case Against JUUL

Filing a lawsuit against JUUL for vaping injuries is not as simple as claiming that vaping resulted in nicotine addiction or breathing issues. The research into JUUL, while extensive, is still ongoing and we are only just now seeing the long-term effects of vaping. For many individuals, JUUL pods and e-cigarettes were an alternative to tobacco products and were utilized to help ween nicotine addicts off the substance. Any medical conditions they are suffering from may not have been related to the vaping, but from previous tobacco use. The same can be said for individuals who smoke marijuana.

In addition, age is an important factor in your case. Most of JUUL’s early marketing was at teenagers and is the basis for many federal and state lawsuits launched against the company. Individuals 26-years-old or young who are now dealing with EVALI will have stronger cases against JUUL than a 60-year-old smoker, who may have a pre-existing condition that limits the amount of damages that can be pursued.

When evaluating a JUUL vaping product liability claim, an attorney can access if you fulfill the following criteria:

  • 26-years-old or younger
  • Only used JUUL vaping products and e-cigarettes
  • Does not have a history of smoking tobacco or marijuana
  • Developed an EVALI according to a medical evaluation
  • Suffered a lung injury within 45-minutes of vaping with a JUUL pod

If you fulfill the above categories, you may have a case against JUUL. However, filing a lawsuit against a large company requires the legal representation of a skilled, experienced, and knowledgeable attorney to ensure your rights to compensation are protected.

Holding JUUL Accountable for You or Your Child’s Health

Society has long accepted the risks of tobacco use and the dangers it presents to children and young adults, but vaping is another issue altogether. Various studies have shown that e-cigarette companies included toxic and even addictive chemicals into their products in high doses, exposing users to a host of health problems. But beyond the dangerous products they developed, JUUL also aggressively targeted younger markets to take the place of big tobacco.

This reckless disregard for consumers and children should not be easily dismissed. If you suffered a lung injury after vaping with a JUUL pod, contact the Omaha product liability attorney at Bottlinger Law L.L.C. Our legal team can review your medical report and determine if you have a case against JUUL. Call us at (402) 505-8234 to schedule a free consultation.

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