Juul has contributed to a nationwide vaping injury epidemic
JUUL Labs, Inc. (Juul) manufactures electronic cigarettes. These battery-powered e-cigarettes have cartridges filled with a liquid that contains nicotine, flavoring, and other chemicals. The device, called a Juul or Juul pod, heats the liquid into a vapor that the user inhales, which is why the use of Juuls is called vaping.
If you have been harmed by smoking Juul or other types of e-cigarettes as a minor, you now have rights under the law, and our attorneys take hold of those rights and battle to the end to ensure you get the justice and maximum compensation you deserve.
Contact us for a free consultation. Call 888-637-5856 or tell us about your case using our online form above. We will review your case for free.
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What Kind Of Disease is Juul Vapor Causing?
There are many possible Juul injuries and other dangers. Most of the potential Juuling damage revolves around the lungs. The Juul effect on the lungs may occur in several ways, including EVALI, popcorn lung, and BOOP.
What is EVALI?
The Centers for Disease Control (CDC) has found several occurrences of what it calls e-cigarette, or vaping, product use-associated lung injury (EVALI). It appears to involve Vitamin E acetate, which is often used in e-cigarettes. Vaping may cause the following symptoms:
- Respiratory complications like coughing, breathing difficulties, or chest pain
- Gastrointestinal issues such as nausea, abdominal pain, vomiting, or diarrhea
- Other symptoms like fever or weight loss.
Does Juul Cause Popcorn Lungs?
Popcorn lung, officially called bronchiolitis obliterans, occurs when the tiny air passages in the lungs get irritated or inflamed. This can lead to permanent damage and difficulty breathing. One chemical that causes this condition is diacetyl. While Juul denies the use of diacetyl in its products, university studies seem to indicate that e-cigarettes may possibly have undetected chemical byproducts like diacetyl.
What Other Vape Injuries are Possible by Juuling?
Another potential injury that may be caused by vaping is bronchiolitis obliterans organizing pneumonia (BOOP). This disease causes the inflammation of the tiny air sacs in the lungs.
Are Other Juul Side Effects Possible?
Yes. Side effects associated with the use of e-cigarettes may include:
- Coughing
- Sore throat
- Difficulty breathing
- Headaches
Potential longer-term side effects may include:
- Seizures
- Heart attack
Both the FDA and CDC continue to study the potential side effects of Juul and other e-cigarettes.
Juul Class Action Lawsuits
Many Juul vapor lawsuits have been filed. In most cases, these are class action lawsuits against Juul, which means that several plaintiffs have come together to sue the e-cigarette manufacturer in a combined lawsuit.
Can You Really Sue Juul? Can You Get Compensation From Juul?
There are several legal theories available for use in suing Juul. These include consumer protection laws, fraud, unjust enrichment, product liability, breach of warranty, and negligence.
Consumer Protection Laws
Many states have consumer protection laws that prohibit companies like Juul from engaging in unconscionable commercial practices, deception, false pretenses, misrepresentation, and knowing concealment of material facts. Under these laws, a plaintiff may allege that Juul misrepresented the amount of nicotine in their products.
Fraud
Fraud is established by proving the following:
- The defendant made a statement of fact
- The statement was false
- The statement was material
- The defendant knew it was false
- The defendant intended the plaintiff to rely on the statement.
Lawsuits have been filed alleging that Juul made false statements about their e-cigarettes with the intent that potential users would rely on these statements.
Unjust Enrichment
This legal theory refers to when the defendant is enriched at the expense of the plaintiff under unfair circumstances. For example, a plaintiff in a Juul lawsuit may allege that Juul wrongly benefited from the sales of Juul e-cigarettes due to the alleged misrepresentations about the products.
Product Liability
Product liability occurs when the manufacturer of a product sells a defective product to the user. There are many ways a product can be defective, but one way is for the product to fail to warn about the dangers of using the product. Here, a plaintiff could allege that Juul pods are defective because they failed to warn the user about the potential health risks like popcorn lung or EVALI.
Breach of Implied Warranty
The law implies that any product sold contains a warranty that the goods for sale are merchantable. This means that the product is of commercially acceptable quality or is reasonably fit, under the circumstances, for the ordinary purpose for which it is sold. In a Juul vapor lawsuit, the plaintiff can allege that the Juul pods are unmerchantable because they were defective and pose serious health risks.
Negligence
Finally, in personal injury lawsuits, negligence is a common cause of action. To prove negligence, the plaintiff must prove the following:
- The defendant owed a duty to the plaintiff
- The defendant breached the duty of care
- The breach caused injury to the plaintiff
- The plaintiff was injured.
In the case of a Juul lawsuit, the manufacturer-consumer relationship establishes that Juul owes the Juul user a duty of exercising reasonable care under the circumstances. The plaintiff could allege that Juul failed to exercise reasonable care because they sold defective products.
Can You Get Financial Compensation for Juul Injuries
If you’ve suffered injuries from the use of Juul e-cigarettes, you may be entitled to compensation (called damages). There are three types of damages available – economic, non-economic, and punitive.
Contact us for a free consultation. Call 888-637-5856 or tell us about your case using our online form above. We will review your case for free.
Economic Damages
These refer to the actual costs of the injury, including medical expenses and lost earned income.
Medical expenses not only include costs already incurred, but the estimated costs of future medical care, such as:
- Doctor visits
- Lab procedures like blood tests, X-rays, or MRIs
- Pain medications
Lost earned income refers to lost wages, and future lost earnings due to an inability to work caused by the injuries.
Both medical expenses and lost earned income are proven by documentation and often the testimony of medical experts and economists.
Non-Economic Damages
These damages are designed to compensate the plaintiff for the pain and suffering associated with their injuries. The following evidence is often presented to a jury to help establish pain and suffering:
- Medical bills
- Photographs or X-rays of the injury
- Pain medication prescriptions
- Testimony by the plaintiff and their friends and family.
Other factors a jury may consider include the severity of the injury, the length of recovery time, and the quantity of medical expenses.
Punitive Damages
If a jury finds that Juul intentionally or recklessly engaged in conduct dangerous to consumers, you may be entitled to punitive damages. Unlike economic or non-economic damages, these are designed to punish the defendant for their wrongful conduct.
Get a FREE Evaluation Now
Faced with lawsuits and reported health dangers, Juul is under intense scrutiny from government agencies and plaintiffs alleging injuries from the use of Juul’s products.
If you have been harmed by smoking Juul or other types of e-cigarettes as a minor, you now have rights under the law, and our experienced Juul lawyers take hold of those rights and battle to the end to ensure you get the justice and maximum compensation you deserve.
Contact us for a free consultation. Call 888-637-5856 or tell us about your case using our online form above. We will review your case for free.
