Southern Med Law Is Currently Investigating E-cigarette Lawsuit Claims Alleging Users Suffered Serious Burns From An Exploding E-cigarette
A Las Vegas man said he is planning to file an e-cigarette lawsuit after suffering third-degree burns on his leg due to his e-cigarette’s lithium ion battery exploding. Filings of e-cigarette injury lawsuit claims against manufacturers and retailers are on the rise nationwide as more e-cigarette users are reporting severe burn injuries due to e-cigarette or e-cigarette battery explosions.
The man told ABC10 News that he was in his car on February 8 when he heard a noise and saw “fire coming out of my pockets.” His e-cigarette lithium ion battery was in his left pocket when it exploded and burned his leg and his pants. The man said he spent three days in the hospital and still cannot sleep on his left side. The man’s attorneys told the news station that e-cigarette batteries become dangerous once the coating starts to peel away and come into contact with metal. Additionally, the rechargeable batteries are sold without packaging, instructions, or warning labels about potential explosions.
[10news.com/news/man-prepares-lawsuit-after-battery-explodes, ABC10 News, March 9, 2016]
Electronic cigarettes, or e-cigarettes, have been sold in the United States since 2007, along with other popular tobacco products such as e-pipes and e-cigars. An e-cigarette is powered by a lithium ion battery and simulates traditional cigarette smoking by producing a heated vapor of liquid nicotine which the smoker inhales. The electronic tobacco industry appears to be flourishing. According to a U.S. Fire Administration (USFA) report, there were 466 brands of e-cigarettes and 7,764 unique flavors for sale as of January 2014. Additionally, a U.S. StatisticBrain report found there were 2.5 million e-cigarette smokers in America and annual e-cigarette sales have reached $2.5 billion. However, there have been 25 incidents of explosions or fire involving e-cigarettes reported between 2009 and 2014. Due to their shape, e-cigarettes are more likely than other products with lithium batteries to act like “flaming rockets” when a battery fails, the USFA study noted.
Electronic tobacco products are not currently regulated by any United States agency. However, the U.S. Food and Drug Administration (FDA) seeking approval to extend its authority to regulate electronic tobacco products, just as it regulates traditional tobacco products. In July, the FDA issued an “advance notice of proposed rulemaking” and asked for public comments, data and other information to determine what actions to take in regulating electronic nicotine products. In October, the FDA submitted its final rule to regulate electronic nicotine products to the White House for review.
As the FDA awaits approval to expand its authority, e-cigarette lawsuits are being filed against manufacturers of electronic tobacco products, including e-cigarettes and lithium ion batteries, companies that distribute the products as well as stores that sell the products. Among the largest verdicts so far reported was rendered in October when a Riverside County (California) Superior Court jury awarded $1.9 million to a woman who said she suffered second-degree burns on her legs, buttocks and hand when the e-cigarette battery she was charging in her vehicle exploded in March 2013.
About Southern Med Law And Filing An E-Cigarette Lawsuit: Southern Med Law is a patient and consumer advocacy organization providing legal representation to the victims of negligent personal injuries, medical malpractice, dangerous drugs, faulty medical devices and defective products. Led by Dr. François Blaudeau, an attorney and a practicing obstetrician/ gynecologist, the legal staff at Southern Med Law possesses a deep understanding of the complex medical and legal questions at issue in all manner of product liability and personal injury claims. They’re not afraid to take on the nation’s largest corporations in their pursuit of justice, and are committed to ensuring that all victims have access to the type of aggressive legal advocacy that assures success.
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François M. Blaudeau, MD JD FACHE FCLM Esquire
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