Vaping Lawsuits Explained
Lawsuits can award financial compensation to those harmed by vape products.
If you believe you have been harmed or have health issues caused by a vape product, a lawsuit may help you pay for your medical treatments and other expenses.
Quick Facts
- By working with an experienced lawyer, victims may be able to receive compensation.
- Victims of vaping can file a personal injury, class-action, or wrongful death lawsuit.
- Most vaping lawsuits are settled out of court. Only a few go to trial.
- Some battery explosion lawsuits have awarded millions of dollars to victims.
How Can a Lawsuit Help Me?
Through a vaping lawsuit, those harmed by vaping products may be able to receive financial compensation.
Compensation can help cover:
- Medical expenses
- Pain and suffering
- Other costs associated with the illness/injury
- Lost wages
Lawsuits can also help those affected hold vape companies accountable.
When the vape companies’ products put children at risk of addiction — the negative consequences should rest on their shoulders.
Types of Vape Pen Lawsuits
Current vaping-related lawsuits have focused on a few different injuries and health issues caused by e-cigarettes.
Nicotine Addiction Lawsuits
Nicotine addiction lawsuits have been filed against major vape companies like JUUL. Those suing claim that vape companies marketed their products toward teenagers, putting them in danger of addiction.
In teenagers, nicotine addiction can cause:
- Behavior and emotional problems
- Difficulty concentration
- Impulsivity
- Learning issues
In addition, scientists are studying how nicotine levels in vape products may cause nicotine poisoning, seizures, and strokes. These health issues can be deadly and likely be the basis for additional lawsuits.
According to company documents, JUUL spent over $100,000 in efforts to market its products to children as young as third-graders.
Diacetyl and Other Flavoring Chemical Lawsuits
Diacetyl — a chemical used to give vape products different flavors — may be dangerous if it is inhaled through vaping.
In the early 2000s, the Centers for Disease Control and Prevention (CDC) and legal action linked diacetyl exposure to popcorn lung in factory workers. Popcorn lung is an incurable disease that causes lung damage and scarring.
Today, the health effects of diacetyl in vape products are being studied.
The European Union was so worried about diacetyl that it banned the chemical from vape products in 2016.
In 2015, Harvard researchers found diacetyl in over 75% of vape products they studied. A 2019 follow-up study found that diacetyl in e-cigarettes may damage cilia in the lungs. Cilia damage has been associated with developing lung conditions such as asthma and chronic obstructive pulmonary disease (COPD).
Battery Explosion Lawsuits
Vape battery explosion lawsuits are ongoing, as dozens of consumers have been injured by a defective battery in their vaping devices.
Battery explosions may cause injuries such as:
- Broken bones
- Deep cuts and bleeding
- Severe burns
- Death
The first battery injury lawsuits were filed around 2015. Because they are so new — and because each lawsuit is different — it can be difficult to estimate how much compensation you may receive.
However, juries have awarded the following amounts in recent cases:
- A Florida man was awarded $2 Million after an e-cigarette exploded in his mouth
- A California woman was awarded $1.9 Million after her e-cigarette battery exploded
Today, those harmed by a vape battery explosion may also be entitled to compensation.
Other Types of Vaping Lawsuits
In addition to diacetyl, scientists are studying several other vape-related health issues.
In the future, vape lawsuits may relate to:
- Acetaldehyde: This volatile organic compound has been linked to skin damage, irritation of the eyes and respiratory tract, and cancer.
- E-cigarettes: These vape products are designed to mimic traditional cigarettes. E-cigarettes typically run on rechargeable batteries.
- Heart conditions: Ultrafine particles emitted by vape products may cause heart damage.
Filing a Vape Lawsuit
Vape lawsuits can fall under a few different categories. An experienced lawyer will help you determine which can get you more financial compensation.
Personal Injury Lawsuit
In a personal injury lawsuit, the person who got hurt or sick serves as the plaintiff (victim) and must show how the defendant’s actions (vape company) caused them harm.
Class-Action Lawsuit
In a class-action lawsuit, a group of plaintiffs who were wronged in a similar way join together and file one suit.
Some class-action lawsuits from vape products have already been filed regarding teenage nicotine addiction. These lawsuits allege that companies like JUUL marketed their products to teens, even though teenagers are at a high risk of addiction.
Wrongful Death Lawsuit
If a family member has died due to vape-related injuries or illnesses, a wrongful death lawsuit may be filed against the manufacturers or distributors of the product.
Settlement vs Trial
To receive compensation, a lawsuit must be settled out of court, or a trial must rule in your favor.
There are key differences between settlements and trials. If you have decided to take legal action against vape companies, it is important to understand the distinction between them.
In a settlement:
- No one admits fault
- Both sides come to an agreement regarding compensation for the plaintiff
- The case comes to a conclusion faster
- The payout may be less than in a trial
In a trial:
- One side is declared the winner
- The payout may be larger than in a settlement
- Whoever loses gets nothing
- The verdict could be overturned by another court later on
Around 95% of personal injury lawsuits are settled out of court. The rest go to trial. An experienced lawyer can help you determine which option will be best in your case.
Get Legal Aid for Vape Injuries
Get a free case review today to learn more about your legal options if you were harmed or became sick from a vape pen or another e-cigarette product.
