What Do I Need to Know About Popcorn Lung Disease Litigation?

Many popcorn lung disease lawsuits are based on the theory of negligence, but this is not the only legal avenue for such lawsuits. Factory workers all over the country have received millions of dollars as compensation after being diagnosed with popcorn lung. The lawsuits allege that manufacturers failed to warn workers about the dangers of inhaling this chemical at the manufacturing plants.

Some also failed to put measures to prevent workers from being exposed to this dangerous chemical. For example, poor ventilation or a lack of proper protective equipment are some of the many reasons linked to diacetyl exposure among workers at popcorn manufacturing plants. 

There’s also the issue of failure to test products to evaluate the respiratory risks involved. Some lawsuits argue that someone along the production line should have been aware of the dangers of inhaling diacetyl and removed this chemical from such products. 

Consumers at home also inhaled diacetyl for years, unknowingly. The lucky ones suffered irreversible respiratory problems while the unlucky ones lost their lives in the process. This is painful to discover, given that popcorn is one of the most common snacks in American households. 

In 2012, a Federal court awarded a Denver man $7.2 million following a lawsuit filed against a popcorn marker and a grocery store. The lawsuit alleged that the plaintiff developed popcorn lung complications in 2007 after eating roughly two bags of popcorn daily for almost ten years. 

Speaking about his condition, the plaintiff explained that his lungs were failing. He also added that his lungs would perform at 53% capacity on a good day and further revealed that he was exposed to diacetyl every time he inhaled the steam from the popcorn bag. 

The lawsuit was filed against Glister-Mary Lee, a popcorn maker, Kroger, and Dillion Cos. The defense argued that Wayne Watson had been exposed to the harmful chemical while working with carpet cleaning products. However, they failed to convince the judge, who then ruled in favor of the plaintiff. 

The Denver ruling is just one of the many lawsuits filed against companies involved in producing products that contained this chemical. Another lawsuit targeted ConAgra, a Chicago-based consumer packaged goods company.

The plaintiff claimed that she was diagnosed with severe lung complications due to exposure to ConAgra’s microwavable popcorn. The popcorn allegedly contained diacetyl. 

The plaintiff further claimed that the exposure to this chemical also contributed to other health complications, such as pulmonary disease, bronchiectasis, chronic obstructive bronchitis, lung impairment, and emphysema. 

In 2004, a couple won a $20 million judgment in a workers’ compensation lawsuit against International Flavors and Boake Allen Inc. The couple worked at a popcorn manufacturing plant in Jasper County, Missouri, when they developed bronchiolitis obliterans due to constant exposure to diacetyl. According to doctors, the couple would eventually need a double-lung transplant to help manage the condition. 

The exact damages for popcorn lung disease lawsuits vary depending on the severity of the disease and several other factors. However, in general, most lawsuits seek compensation for the following: 

Medical Bills

As noted earlier, the complications caused by popcorn lung disease are irreversible. As a result, the victims have to live with this condition for the rest of their lives or until a cure becomes available. Living with popcorn lung disease means spending thousands of dollars every year in treatment and medication, which is why plaintiffs seek compensation for past, current and future medical expenses. 

Physical Pain and Suffering

If you’ve ever suffered from any respiratory-related infection, you probably understand how painful and miserable it feels. Individuals with popcorn lung disease often struggle to breathe due to a lack of enough air supply in the lungs. As a result, they may not be able to participate in certain activities as they used to in the past. 

Mental Hardship 

Living with popcorn lung disease means dealing with countless sleepless nights, stress, anxiety, and depression. No one rests easy knowing that their lungs are failing gradually due to a problem that could have been prevented in the first place. For this reason, some plaintiffs seek compensation for the stress and trauma of living with popcorn lung disease, given that the condition itself is irreversible. 

Loss of Wages

You might be eligible for compensation if you were unable to work due to complications relating to popcorn lung disease. When calculating the wages lost, an experienced attorney considers multiple factors, such as the number of hours you missed at work when you should have been working, the financial opportunities you lost due to the condition, your future economic situation, among others. 

Personal injury lawsuits are generally complex, but some are even more complex than others. For example, exposure to diacetyl could be a case of negligence and product liability. 

However, such cases are not usually the easiest to win, even though product liability claims do not necessarily require the victim to prove negligence. This is because the legal system in most states acknowledges the fact that the plaintiff may have a rough time trying to prove negligence, which takes away from the fact that a particular product injured them. 

For example, to prove negligence in the case of diacetyl exposure, you will have to prove that the other party knew or should have known that their actions or lack of action led to your injury. This is much more difficult to prove, especially if you have no access to the manufacturing process. And, even if you did, it is still difficult to prove negligence because you may not be familiar with the entire process of manufacturing that particular product and distributing it to consumers. 

For this reason, most states will only require that you prove the following:

The Existence of the Injury

You will need to prove that you were indeed exposed to diacetyl. As discussed earlier, the exposure could be in the form of working in a high-risk environment, such as a welding plant, popcorn production site, etc. To prove this, you may need to provide your employment records, witness testimonies, and other related evidence as instructed by your product liability attorney. 

The Defective Aspect of the Product

In this case, you will need to prove that the product in question contained diacetyl, leading to your popcorn lung disease. This could mean hiring experts to prove the defects before a jury. 

Cause of the Injury

Whatever the cause, it is important that you prove why you believe the defective product is the primary reason for your injury. For example, as mentioned earlier, the defense argued that Wayne Watson had been exposed to diacetyl from carpet cleaning products, but not the popcorn manufactured by Glister-Mary Lee. Therefore, it was Watson’s responsibility to dismiss the defense’s claims with evidence. 

The Product Was Used as Intended

The plaintiff must also prove that they used the product as intended. For example, suppose you used an electronic cigarette as instructed by the manufacturer or in any way a reasonable person would have. In that case, you may have a claim against the manufacturer if you suffer popcorn lung disease in the process. 

Popcorn lung disease lawsuits still exist even though most manufacturers have stopped using diacetyl in many of their products. So if you or your loved one has been exposed to this dangerous chemical at home, at work, or anywhere else, you may need to speak to a popcorn lung disease attorney. 

To take your first steps toward recovery and moving on with your life after this unfortunate circumstance, you can contact the experts at Morgan & Morgan for a free, no-obligation case evaluation. Get in touch today.