In 2019, vaping became big news as cases of illness and death allegedly related to vaping surged. As of Dec. 4, 2019, there have been 2,291 hospitalized cases involving vaping reported to the Centers for Disease Control and Prevention (CDC) and the total death toll is at 48 with more deaths under investigation. In less than a year, vaping has become a significant public health concern. While health and government officials debate what actions to take, plaintiffs have been filing lawsuits for various injuries related to e-cigarettes and vaping fluids.
As cigarette use has declined in the U.S., vaping has increased significantly. Originally, touted as a way to help smokers quit or reduce their smoking, many people have argued that e-cigarette companies are targeting a new generation of users (i.e., young people) with flavored vaping liquids. Vaping liquids or oils are also incorporating THC, the psychoactive ingredient in marijuana.
Numerous lawsuits have been filed to date alleging a variety of illnesses caused by e-cigarettes and/or vaping fluids or oils. These include:
- Lung and breathing problems, including bronchiolitis obliterans organizing pneumonia (BOOP) and chronic obstructive pulmonary disease (COPD)
- Hemorrhagic strokes (sudden bleeding that interferes with the brain)
- Cardiac problems
- Seizures
- Addiction
Many of the vaping lawsuits prior to the recent surge in cases have alleged that the high nicotine levels in the e-cigarettes resulted in the injuries mentioned above.
Over the last few months, however, the spike in illnesses are focusing on a different concern – Vitamin E acetate. In November, the CDC reported the discovery of Vitamin E acetate — believed to be used as a cutting agent in illicit vaping products containing marijuana components — in all lung samples from 29 patients who were diagnosed with electronic-cigarette (e-cigarette), or vaping, product use–associated lung injury (EVALI). As noted above, almost 2,300 cases have been reported thus far, with many more likely undiagnosed. Although Vitamin E acetate has gotten a great deal of attention, many of the patients were using e-cigarettes with unbranded THC cartridges. Vaping products are not standardized across brands, which can make it difficult to identify the source of a person’s illness.
While the CDC continues to do research regarding the cause, diagnosis and treatment of these illnesses, litigation is pending. However, many challenges exist in proving or defending a case involving vaping. Although vitamin E acetate is a “chemical of concern,” it has not been identified as the only cause of EVALI. In addition, researchers have stated “[t]here is no one radiological finding that can reliably diagnose electronic-cigarette- or vaping-associated lung injury (EVALI) … The diagnosis needs to be established by excluding other diseases that may have the same imaging findings, such as acute lung infection.” Furthermore, there may be possible contributing factors such as asthma. Delayed diagnosis and treatment can also affect recovery and lead to more complications.
Attorneys involved in vaping-related litigation will need to utilize experts in Pulmonology, or Pulmonary Medicine, which is a field of medicine dealing with the diagnosis and treatment of diseases of the respiratory tract including the trachea, bronchial tree, and lungs. In addition, Medical Toxicology expert witnesses may also be helpful. Medical Toxicologists are physicians with sub-specialization in toxicology which allows them to testify on both the science and the clinical effects of a wide range of exposures and poisonings, including Vitamin E Acetate and other substances in vaping oils. They can offer testimony regarding the effects of various toxins and whether patients have suffered from medically verifiable consequences of alleged exposure. Where heart, brain or other health problems have occurred, expert witnesses in Cardiology, Neurology, and other specialties can provide valuable testimony related to those injuries.
If you are considering or involved in vaping-related litigation, contact Elite Medical Experts for assistance in finding nationally recognized university healthcare experts for your case.
