How Can a Personal Injury Attorney Help Me with a JUUL Lawsuit?
Legally Reviewed and Edited by: Terry Cochran
Personal injury attorneys are here to help if you have suffered any kind of harm from the actions of a third party. It doesn’t matter who the third party is. They may be a company, an individual, or even a government agency.
In the case of Juul, if you have been diagnosed with an acute condition as a result of using their vaping products, a personal injury lawyer may be able to help you. At the law firm Cochran, Kroll & Associates, P.C., our attorneys have a wealth of expertise in the field of product liability. We also have extensive knowledge of the growing number of personal injury cases filed against Juul Labs Inc.
How Did These Products Cause Injury?
Vaping products were designed as a safe alternative to conventional cigarettes. However, Juul and other e-cigarette products may be just as dangerous as cigarettes. The amount of nicotine in a Juul pod is far greater than that of a normal cigarette and is ingested more quickly. This increases the risk of addiction to nicotine.
It is suspected that they may cause or contribute to many of the same conditions as cigarette smoking as well as other health issues. Their popularity with young people is very concerning as it may contribute to a high rate of long-term damage.
What Conditions Are Associated With Vaping?
Juul vaping has been linked with several serious medical conditions such as:
- Bronchiolitis obliterans (also known as popcorn lung)
- Heart attacks
- Respiratory disease
- Lung damage
Are There Dangerous Chemicals in Juul Products?
Little is known about what chemicals a Juul pod contains. Juul Labs Inc. has disclosed minimal information. However, a fact sheet put out by John Hopkins Medicine expresses concern about the chemicals in e-cigarettes and their long-term effects on health.
Popcorn lung is particularly concerning. This disease has been associated with e-cigarettes due to the chemicals found in these products. The name popcorn lung came about due to workers at a popcorn factory developing the condition. The cause was determined to be inhaling the chemical diacetyl, which was used in the manufacturing process. Diacetyl has been found in e-cigarette vapor.
Popcorn lung causes inflammation which scars the airways and lung tissue. This leads to narrowing of the airways, creating breathing difficulties. While there are treatments to limit and manage the condition’s symptoms, there is no known cure. It is considered a life-threatening disease.
Symptoms of popcorn lung include:
- Shortness of breath
- Dry cough
- Rapid breathing
- Irritation to the mouth, nose, or eyes.
Marketing Tactics to Entice Young People
Juul and other e-cigarette manufacturers may be held liable for the injuries and diseases their products inflict on customers. It’s proven that Juul used deceptive marketing to lure thousands of individuals into using their products. Their corrupt marketing schemes have resulted in health problems such as lung disease, nicotine addiction, and other significant health issues.
Juul has used marketing and advertising strategies favored by cigarette manufacturers to promote their products. They consistently claimed their products were safer than conventional cigarettes, while this was untrue.
Juul knowingly concealed the health risks associated with their products. Their assertion that their product was safe was widely accepted and facilitated the company operating without proper regulatory oversight until 2016. The FDA took some regulatory control from that date. They could not, however, enforce measures such as e-cigarette free zones.
Additionally, these manufacturers targeted young people with clever marketing such as the use of social media, smart advertising campaigns, and candy-flavored flavored pods.
They also produced vape pens designed to look like USB drives making them easy to conceal from parents and school officials due to their small size.
Juul Labs Inc. failed to disclose the high nicotine levels in their products or warn users that vape products could lead to long-term addiction problems. By using these tactics, they exposed young people to serious health hazards.
There are claims that Juuling and consumption of other e-cigarettes are causing a huge increase in young people vaping. In their fact sheet about the risks of e-cigarettes, the Centers for Disease Control and Prevention said that 10 million youths between 12-17 in the United States had either tried e-cigarettes or were open to trying them.
Filing a Claim Against Juul
Dealing with the effects of vaping can cause huge financial strains along with the stress of coping with physical ailments. You may be able to claim non-economic damages for:
- Pain and suffering
- Loss of enjoyment of life
You may also claim compensation for quantifiable losses such as:
- Medical bills (past and future)
- Lost wages
- Attendant costs
- Other expenses incurred as a result of e-cigarette use
Medical expenses for dealing with vape-related diseases can be considerable, and the non-economic fallout from managing the after-effects can take a severe toll. You will need help recovering all these expenses to ensure you receive the compensation you’re entitled to.
What Type Of Lawsuit Should I File?
The lawsuits against Juul and the other e-cigarette companies have usually been filed as product liability cases. That may be appropriate in certain cases but not all. There is an alternative that should be considered depending on the facts of the case.
In product liability cases, it is essential to prove that the product was defective and that the manufacturer sold it, knowing there were potential dangers in using the product and failed to warn consumers.
In a medical liability case, the plaintiff has to show a clear link between use of the product and the health condition from which they are suffering.
In some instances, it clearly will be easier to substantiate medical liability rather than product liability. It is important that your attorney is experienced in both areas of the law so they can make the right choice when filing your case.
The personal injury lawyers at Cochran Kroll & Associates, P.C. have extensive expertise and can help you make the correct decision on which route to follow.
How Do I File A Juul Lawsuit in Michigan?
Juul and other e-cigarette manufacturers are large corporations with vast resources at their disposal. When filing a lawsuit against these powerful companies, you need the help of seasoned attorneys to ensure they are held responsible for the damage they have caused to your health. A lawsuit can help you get the medical care you need and recover compensation for other losses you have incurred.
In the United States, as of July 15, 2021, there were 2,339 lawsuits against Juul. These were combined in multi-district litigation (MDL-2913) and assigned to Judge William Orrick in the North District of California.
The MDL comprises individual personal injury, class actions, school district public nuisance, county, and municipality cases. This is a way to speed up proceedings. Effectively all cases are transferred to a single court for procedural matters such as discovery and pretrial issues.
The plaintiffs in these cases have contended that Juul is liable for fraud. They base this on statements made in the Make the Switch campaign, false nicotine statements, and the failure to disclose the product’s risk on its packaging.
Judge Orrick has already ruled that the plaintiffs have sufficiently alleged actions by Juul in the proceedings so far. The Judge stated that whether the plaintiffs could prove their allegations would be tested at summary judgment or trial. These allegations include suggestions that Juul’s statements were fraudulent or were made knowing they were misrepresenting the product.
Hire an Attorney You Can Trust
If you live in Michigan and you or a loved one is suffering from ill-health due to using Juul or any other e-cigarette products, contact Cochran, Kroll & Associates, P.C. Our skilled and compassionate attorneys can provide the representation you need at this distressing time.
If you are considering suing Juul, there are already ongoing legal proceedings in which you may join to get the compensation you deserve.
Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 866-MICH-LAW and schedule your no-obligation, free case evaluation.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.