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More than 2,000 Americans have been injured by vaping

Can You File a Lawsuit for a Vaping Injury?

In the past year, vaping has gone from a safe alternative to smoking cigarettes to a dangerous habit that may lead to new health risks. By November 2019, the Centers for Disease Control and Prevention (CDC) had identified more than 2,000 Americans who were suffered lung injuries from e-cigarettes or vaping. This number includes 47 deaths.

According to the CDC, a thickening agent used in vaping products, Vitamin E acetate, is a cause for concern with these lung injuries (EVALI). Recent tests have found samples of this chemical in 29 patients suffering from this type of injury. The CDC recommends that people do not buy or use any type of e-cigarette or vaping product, particularly from informal sources.

Vaping is similar to smoking cigarettes, but is different in several important respects. First, there is no flame or fire involved. Instead, there is a substance — such as liquid nicotine or cannabis oil — that has been vaporized into an aerosol. This aerosol is then inhaled into the lungs. When it is inhaled directly into the lungs, the irritation and harm from the product can often be magnified.

While vaping devices/e-cigarettes came onto the market with claims that they are healthier than cigarettes, they are not harmless. Studies have shown that they may be more addictive than traditional cigarettes and other tobacco products. In addition, the additives in vaping liquids (or “juice”) may be even more harmful than those contained in cigarettes, such as cadmium, nickel, tin, lead, and propylene glycol.

As documented by the CDC, some vaping cartridges — particularly those used with cannabis oil — have been adulterated with vitamin E acetate. This chemical can be toxic when inhaled at a temperature that allows for vaporization, which has led to an outbreak of so-called “vaping illness.”

As a California personal injury lawyer can explain, injuries associated with e-cigarettes or vaping devices may be based on product liability claims. This type of lawsuit is based on a theory that a dangerous or defective product caused a person’s injury. These claims are brought on one of three theories:

  1. The product was defectively manufactured;
  2. The product had a defective design; or
  3. The defendant failed to warn consumers about how to properly use the product.

In the case of vaping products or e-cigarettes, the cases may be prosecuted under a theory that the products had a defective design or were defectively manufactured because they incorporated a chemical that is harmful to consumers (vitamin E acetate). A thorough investigation of each case may reveal the underlying cause of these lung injuries — and how vitamin E acetate came to be in the vaping cartridges.

At PLBH, we are committed to obtaining justice for our clients. We are both compassionate and aggressive, putting our knowledge of the system to work for our clients. To learn more or to schedule a free initial consultation, contact us today at (800) 435-7542 or info@plblaw.com.