Vaping Injuries – Who Is Responsible?

As of October 1, 2019, there were 18 deaths related to vaping-related lung injuries, according to the Centers for Disease Control and Prevention (CDC). The CDC also reported 1,080 lung injury cases associated with e-cigarettes. These injuries have affected people in 48 states and one person in the U.S. Virgin Islands; 80% of reported patients are under 35 years old and 16% are under 18.

Since many individuals affected by lung injuries are minors, the legal process is challenging. There are other considerations as well, as it has been hard to determine who’s responsible for vaping-related lung injuries and fatalities. Also, the specific chemicals involved in lung injuries caused by e-cigarette use are unknown and, no single product or substance has been linked to all cases (some include tobacco, THC, or a mix of ingredients).

man vaping with e-cigarette

Complicating Factors

Determining who is legally responsible for the reported lung injuries is challenging because of:

  • Complex supply chains, making it hard to know exactly where a product came from.
  • E-cigarette’s and e-liquid solutions often obtained in stores, online, or from a friend, family member, or street dealer.
  • Products containing modified substances, altered by either suppliers or users themselves.

A Health Alert Network (HAN) Health Advisory issued by the CDC in August 2019 outlined several precautions to take. These include avoiding use of e-cigarette products if concerned about the health risks, refraining from buying them off the street, and not modifying a product in any way that alters the device or substances it contains. The agency also advises youth, young adults, and pregnant women not to use e-cigarette products.

In September, the U.S. Food and Drug Administration linked many vaping illnesses to high concentrations of vitamin E in vaping cartridges. The trend was identified by the New York State Department of Health. Soon after, New York Governor Andrew Cuomo announced an emergency ban on flavored e-cigarettes (California Governor Gavin Newsom announced a similar ban the next day), while Massachusetts banned all vaping products there temporarily.

What If I or a Loved One Has a Vaping Related Illness?

The CDC, in partnership with state and federal agencies, is currently working on finding a cause for e-cigarette-related injuries and deaths. This includes identifying probable causes and establishing lab procedures to aid investigations. As for blame, the FDA has claimed that tobacco products company Juul marketed its vaping product as less harmful than cigarettes. The marketing practice was deemed illegal because the company did not present scientific evidence its e-cigarettes were less harmful or posed less risk than other tobacco products.

Juul has since faced a potential criminal probe in California and lawsuits by school districts in several states. Does this mean there is a definite target for liability? As was stated earlier, the source of all e-cigarettes, vaping products, and their substances is not completely known. And, with products being obtained from many different sources, and being modified as well, pinning responsibility is proving to be challenging.

Vaping Illness? Call The Law Offices of Jacob Emrani for Help

The symptoms of vaping-related illness include coughing, shortness of breath, and chest tightness as well as wheezing, extreme fatigue, or fever. Our Los Angeles personal injury attorney can assist you if you or a loved one has sustained a respiratory injury related to e-cigarette use. We specialize in product liability cases in which products have malfunctioned or manufacturers have issued inadequate safety warnings. Contact us at 888-804-6766 so we can help build your case and ensure you get the compensation you deserve.

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