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Can I File a Claim for a Vaping Injury or Illness?

Mohammadi & Humayun, LLC March 26, 2024

Judge hammering disposable vape with referee's gavel on white tableIn recent years, vaping has emerged as a popular alternative to traditional smoking, often marketed as a safer option. However, as the trend has grown, so have reports of injuries and illnesses related to vaping, raising serious health and safety concerns. Many individuals affected by vaping-related issues are left wondering whether they have any legal recourse. You do have the right to seek compensation for a vape injury. At Mohammadi & Humayun, LLC, our lawyers are here to help you understand your rights and pursue justice.  

What Is Vaping? 

Vaping is the act of inhaling and exhaling vapor produced by an electronic cigarette or similar device. These devices, also known as e-cigarettes, work by heating a liquid solution containing nicotine, flavorings, and other chemicals into an aerosol that is then inhaled. 

What Constitutes a Vaping Injury or Illness? 

Vaping injuries or illnesses can range from acute respiratory issues to more chronic conditions, including lung injuries, nicotine poisoning, and even severe cases leading to hospitalization. Instances of e-cigarettes exploding or causing burns are also not uncommon. If you or someone you know has suffered physical harm or health issues directly attributable to vaping, you may have grounds for a claim. 

In recent lawsuits, it has been claimed that the use of vape products has caused: 

  • Seizures 

  • Strokes 

  • Lung injuries 

  • Worsening of existing conditions (such as asthma) 

  • Death 

Vaping companies are notorious for failing to warn consumers of the dangers associated with using their products. With our help, you can hold these companies accountable for vaping injuries and illnesses that befall you or your loved ones.  

The Dangers of Juul 

While there are many different brands of e-cigarettes on the market, one that has gained significant attention in recent years is Juul. This brand stands out for its sleek design and popularity among young people. However, its high nicotine content and potential health risks have also sparked concern. 

Juul Multidistrict Litigation 

On October 2, 2019, the United States Judicial Panel on Multidistrict Litigation issued an order under 28 U.S.C. § 1407 transferring cases to the Northern District of California for coordinated or consolidated pretrial proceedings before Judge William H. Orrick. 

The actions in this multidistrict litigation (MDL) involved allegations that Juul Labs, Inc. (JLI) markets its JUUL nicotine delivery products in a manner designed to attract minors, that JLI’s marketing misrepresents or omits that JUUL products are more potent and addictive than cigarettes, that JUUL products are defective and unreasonably dangerous due to their attractiveness to minors, and that JLI promotes nicotine addiction. The actions included putative class actions, actions on behalf of school districts and other governmental entities, and individual personal injury cases

The Legal Framework Around Vaping Injury Claims 

The burgeoning number of cases has led to an evolving legal framework aimed at addressing the consequences of vaping. Manufacturers, retailers, and other entities in the vaping industry could be held liable if it's proven that they failed to warn about the risks associated with their products, sold defective products, or misleadingly marketed their products. 

The Process of Filing a Claim: Establishing Liability and Pursuing Justice 

Filing a claim for a vaping injury or illness involves a series of steps, starting with seeking immediate medical attention to ensure a proper diagnosis and treatment plan. Thus, it is critical to document your injuries, medical expenses, and any impact on your quality of life.  

Consult with a legal expert who is experienced in personal injury or specific vaping-related cases to understand the specifics of your case and the feasibility of pursuing legal action. Your attorney will help you gather the necessary evidence, including medical records and expert testimonies, to build a compelling case.  

The process may involve filing a lawsuit against manufacturers, retailers, or other parties responsible for the defective product or inadequate warnings about its risks.  If the case goes to trial, it will be judged on the merits of the evidence presented. To file a successful claim for a vaping injury or illness, you must establish liability. This means demonstrating that the injury or illness was caused by a specific product and that the responsible party either knew or should have known about the risks.

Throughout the litigation process, negotiations might occur, potentially leading to a settlement. At Mohammadi & Humayun, LLC, our experienced legal team understands the nuances of such cases. We are committed to thoroughly investigating your claim, identifying the liable parties, and fighting vigorously to secure the compensation you deserve for your suffering and medical expenses. 

The Importance of Seeking Legal Advice 

Vaping injury cases can be complicated, involving a thorough investigation, expert witnesses, and an in-depth understanding of product liability law. That's why it's smart to seek legal advice from attorneys who are proficient in this emerging area of law. 

At our firm, we advocate for individuals who have been harmed by vaping products. Our goal is to ensure our clients receive comprehensive legal support, whether it involves negotiating a settlement with the responsible parties or representing your interests in court. 

Don't Hesitate to Take Action 

If you or someone you love has suffered from a vaping-related injury or illness, it's important to act quickly. There are statutory deadlines for filing personal injury claims, which means waiting too long could jeopardize your ability to seek justice. 

At Mohammadi & Humayun, LLC, we're here to answer your questions and provide the legal support you need during this challenging time. We represent clients across Montgomery County, Prince George's County, Howard County, and Fredrick County, advocating for the rights of Maryland residents and pursuing justice on their behalf. 

Understanding your legal options is the first step towards recovery. If you believe you have a claim for a vaping injury or illness, don't hesitate to reach out to us for a consultation. Together, we can explore your rights and work toward holding responsible parties accountable for their actions.