JUUL Lawsuit Claim Frequently Asked Questions
Legally Reviewed and Edited by: Terry Cochran
JUUL vape pens were heavily marketed to young people and suggested as a safe alternative to smoking tobacco. However, these e-cigarettes present a significant health risk to users.
In September 2019, the FDA sent a warning letter to JUUL Labs regarding their marketing methods which included labeling, advertising directly to consumers, and giving a presentation to students at a school.
If you or a member of your family has health problems or addiction to nicotine as a result of using JUUL products, you should consult a personal injury attorney as soon as possible. An experienced attorney can guide you through the legal options regarding compensation for your injuries or illness.
You will naturally have concerns about starting a lawsuit against a company like JUUL Labs Inc., but to set your mind at rest, here are answers to some of the most frequently asked questions.
Who can file a lawsuit against JUUL?
Anyone, or a member of their family, who has suffered from popcorn lung, a seizure, or child nicotine addiction while using JUUL products can file a lawsuit against the manufacturer. Minors’ parents may file on their behalf.
What does a case evaluation cost?
At Cochran, Kroll & Associates P.C., we can review your case at a free consultation. This allows you to see if we are a good fit before you commit to our services. We also operate on a contingency basis, so once you hire us, you don’t pay until we win your case.
What medical conditions are associated with vaping?
JUUL vaping and e-cigarettes have been associated with several serious medical conditions such as:
- Bronchiolitis obliterans (also known as popcorn lung)
- Respiratory Disease
- Lung damage
- Heart attacks
You should consult a personal injury lawyer if you have been diagnosed with any of these conditions after using JUUL products.
What is the risk of having a seizure due to vaping?
There is a risk of seizures to anyone using a JUUL vape pen. The FDA has said it is investigating reports that JUUL products cause seizures. In particular, they are looking into whether the nicotine content of e-cigarettes contributes to these seizures. JUUL pods contain more nicotine than a whole pack of cigarettes.
What is the risk of getting popcorn lung from JUUL products?
Little is known about the exact contents of JUUL products and e-cigarettes. However, researchers at John Hopkins Medicine have expressed concern about the chemicals in e-cigarettes and their long-term effects on health.
Popcorn lung is a condition that is particularly concerning. The name popcorn lung was coined after workers at a popcorn factory developed the condition. It was caused by them inhaling the chemical diacetyl, which was used in the manufacturing process. This disease has been associated with e-cigarettes due to the chemicals, including diacetyl, found in them.
Popcorn lung scars the airways and lung tissue, which causes inflammation. This leads to narrowing of the airways, creating breathing issues. There is medication available to limit and manage these symptoms. However, at present, there is no cure, and it is viewed as a life-threatening disease.
Symptoms exhibited by people with popcorn lung include:
- Rapid breathing
- Shortness of breath
- Irritation to the mouth, nose, or eyes.
- Dry cough
Is there a time limit to file a claim against JUUL?
The three year period runs from the date of the injury or illness or when it was reasonably apparent that the plaintiff began suffering an illness or injury due to vaping.
In the case of a minor, a family member may start the action during the victim’s minority. If the action doesn’t commence while the victim is a minor, the victim has one year to start the action after reaching majority.
The laws around the statute of limitations in these cases can be complicated, and if you wait too long to file, you will not be allowed to proceed with your claim. That’s why it’s important to consult a personal injury attorney as soon as possible.
What can I claim for?
The financial cost of coping with the effects of vaping can be substantial. There is likely to be medical and other healthcare costs throughout the victim’s lifetime. This is in addition to stress caused by the victim’s physical condition. To compensate you for these losses you may claim damages for:
- Loss of enjoyment of life
- Pain and suffering
You may also claim compensation for:
- Medical bills (past, present, and future)
- Attendant costs
- Lost wages ( including loss of earning capacity)
- Other expenses incurred as a result of e-cigarette use
You will need to identify all the possible expenses you are likely to incur and ensure you recover all the compensation that you are entitled to by law.
What is a JUUL child nicotine addiction lawsuit?
The design of the vape pens made them look like USB drives. The vapor the pen gives off is practically invisible. This makes it difficult for parents or teachers to detect young people using these products.
The flavors used in the products, such as cotton candy and bubble gum, were attractive to young people. The company concentrated its marketing around social media platforms frequented by young people, such as Instagram and Facebook.
As a result, lawsuits are being brought against JUUL based on its marketing practices and failure to warn consumers of the risk of nicotine addiction.
Are all JUUL claims consolidated into class action lawsuits?
In the United States, as of July 15, 2021, there were 2,339 lawsuits against JUUL. All these cases are combined in a multidistrict litigation (MDL-2913). The MDL comprises individual personal injury, class actions, school district public nuisance, county, and municipality cases.
As of 2021, Michigan has not joined any class action lawsuits against JUUL. However, it may do so since the MDL process improves the efficiency of the court in dealing with large numbers of cases against one defendant and all relating to the same product. This is a method that speeds up the legal proceedings. All cases are sent to a single court for procedural matters such as pre-trial issues and discovery.
If this does happen, the plaintiff will not lose out on their fair share of compensation. Damages will be assessed separately for each plaintiff.
Seek Expert Legal Advice if You Have Suffered An Illness or Injury from Vaping
The financial and physical effects of an injury or illness caused by vaping can be devastating. You need the help and guidance of lawyers handling this type of case regularly. The experienced personal injury attorneys at Cochran, Kroll & Associates, P.C. have an excellent track record in this field and are current with the latest developments in the JUUL cases from across the country.
Senior partner Eileen Kroll is a registered nurse with experience interpreting medical data to help support your claim against JUUL Labs Inc. She can help you build a stronger case using your health records and medical testing results related to your condition.
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.