Legal Representation for E-Cigarettes and Vape Pen Injuries
Have you experienced a devastating health issue related to using electronic cigarettes? E-cigarettes have been a hot news topic recently as more and more people have been harmed due to the side effects of inhaling vapor. In fact, 1,080 lung injury cases have been reported to the Centers for Disease Control and Prevention (CDC) as of October 1, 2019, and an investigation into e-cigarettes, or vaping, is still ongoing to determine the exact cause. Until they are able to identify it, the CDC has urged the public to discontinue their use of e-cigarettes, especially those containing tetrahydrocannabinol, more commonly known as THC.
What Are E-Cigarettes?
E-cigarettes are battery-powered devices with a cartridge containing a liquid nicotine solution. The solution is heated into a vapor when inhaled, thereby delivering nicotine to the user. They are a of simulation smoking and have many names, including:
- Vape pens
- Electronic Nicotine Delivery Systems (ENDS)
- Tank systems
There has been heavy marketing over the years as a safer alternative to smoking. Although, in reality it’s the nicotine in e-cigarettes contains neurotoxins that can have a poisonous effect on the brain and nervous system just like normal cigarettes. Along with nicotine, e-cigarettes can contain THC and CBD as well other substances. Substances like propylene glycol is the same cancer-causing chemical that is found in antifreeze.
The latest reports from the U.S. Food & Drug Administration (FDA) suggest that THC-containing products have caused the majority of the lung injuries in this outbreak. Recent CDC findings show that at least 18 people have died using vaping products with more death investigations pending on e-cigarettes.
If you notice health issues arise from smoking e-cigarettes, it is imperative to call a Bakersfield attorney to get legal representation.
Symptoms of Lung Disease
Anyone who uses e-cigarettes should be aware of the signs of lung disease. Many people commonly put off going to the doctor when they have a simple cough. Although, it can actually be the first indicator that something is wrong. If you have any of the following symptoms for more than a few days, visit your healthcare provider as soon as possible.
- Shortness of breath and wheezing
- A cough that lasts more than a month
- Coughing up blood
- Excessive mucus production
- Unexplained chest pain
Lung problems are just one side effect of using vaping products. Some individuals have also reported burn injuries from e-cigarettes that exploded. These happen as a result of overheating, which has been a visible connection with manufacturer defects or malfunctions. To reduce your risk of burns, you should:
- Avoid overcharging the battery.
- Never use a vaporizer that has a puncture.
- Store the device away from extreme temperatures.
Between 2009 and 2016, there were 195 reports of e-cigarette explosions in the U.S. according to the U.S. Fire Administration. Consequently, explosions from vape pens can cause second and third-degree burns, lacerations, and other serious injuries. Victims should seek immediate medical treatment and then call an attorney to protect their rights.
Regulation of E-Cigarettes
The FDA has been regulating e-cigarettes since 2016. It is now illegal to sell vape products to minors. Also, retailers are under the same legal responsibility to verify the purchaser’s ID as they are for any other tobacco product. The law now mandates that manufacturers submit ingredient lists and place nicotine warnings on the packaging. It’s illegal for companies to offer free samples or place products in vending machines where minors have access.
However, these new regulations haven’t stopped street sales from unlicensed vendors who may modify the product, increasing the risk of a negative reaction. The truth is, you may not know exactly what is in your vaporizer when you buy them from an unregulated source, so individuals should use extreme caution when purchasing from unknown individuals or vendors.
A class action lawsuit has been brought against top e-cigarette manufacturer JUUL for their deceptive marketing practices leading to the adverse health conditions of minors. In 2018 alone, more than 3.6 million middle school and high school students used vaping products. In fact, many parents are blaming JUUL’s youth-oriented marketing with their fruity flavors, bright colors, and heavy social media presence.
The products in question also contained high levels of nicotine with one JUUL pod equaling the amount of nicotine found in two cigarette packs. Consequently, this has caused users to develop addiction, lung damage, seizures, or heart disease. According to the lawsuits, JUUL failed to disclose the dangers of using their products and instead clearly marketed them as a healthier alternative to smoking. As a response to these allegations, JUUL has halted all advertising efforts and plans to abide by any new federal policies regarding e-cigarettes.
If you have used a JUUL product and experienced any harmful effects, consult with a lawyer right away.
If e-cigarettes have caused you to develop severe lung disease or other serious injury, you could be entitled to significant financial compensation. Depending on the circumstances, you could receive damages relating to:
- Medical bills related to the injury
- Lost wages for the time you took off to recover
- Lost income if you are unable to go back to work in the same capacity
- Any pain and suffering or emotional distress you experienced
Schedule Your Appointment
At the Law Office of Kyle W. Jones, we work hard on the behalf of e-cigarette injury victims in the Bakersfield area. Our goal is to help our clients recover the maximum compensation possible for their injuries. We will review your case and let you know if you might have justification to move forward with a lawsuit.
E-cigarette manufacturers have a responsibility to properly warn consumers of the health risks associated with using their products. Not meeting this responsibility, puts thousands of people at risk. They need to be accountable for their actions under law. We will fight to make sure that the entity that harmed you won’t be able to do the same thing to someone else. Contact our firm today to set up your free, no-obligation consultation.