From Smith & Johnsons Attorney Tim Smith in Legal Examiner:
In April, the FDA announced that it was investigating 32 reports of people suffering seizures after vaping. Since then, 92 more reports were made to that agency. Seizures were reported by first time users and experienced e-cigarette users. Former FDA Commissioner Scott Gottlieb said that he expected more reports of seizures following the initial report, “but 92 additional reports over that short period of time is concerning”.
“What stands out in the FDA’s list of neurological cases is the relative youth of the subjects, the lack of any prior seizure history, and their exposure to much higher levels of nicotine than with products like cigarettes or chewing tobacco. Last April, the agency said that it had received reports of seizures occurring in first-time e-cigarette users as well as in those with more experience, and some have occurred “after a few puffs or up to one day after use.”
But what is the connection been vaping and seizures?
“In a February 18 study published in Environmental Health Perspectives—a peer-reviewed open-access journal published monthly with support from the US National Institute of Environmental Health Sciences—researchers at Johns Hopkins University analyzed concentrations in e-cigarette liquid and aerosol samples in an effort to investigate whether metals from e-cigarette heating coils were present in reservoir tanks or the aerosol generated by the coils. They found lead, chromium, nickel, manganese, and arsenic in 56 samples of e-cigarettes from daily users, and while minimal amounts were detected in refilling dispenser fluids, much larger levels were in liquids exposed to the devices’ coils.” “It is well established that lead, arsenic, and manganese are neurotoxicants that can cause a range of problems, from headaches, drowsiness, and confusion, to seizures, as well as other life-threatening complications, depending on the dose and the person’s susceptibility,” said Ana María Rule, PhD, an assistant professor and director of the Exposure Assessment Lab at Johns Hopkins School of Public Health, who was part of the Johns Hopkins research team.”
“We found lead in 94 percent and manganese in 64 percent of aerosol samples; and half of the samples exceeded the [federal] ambient air quality standard for lead,” she told Neurology Today.
According to the Center for Disease Control, as of November 5, 2019, there have been 2,051 documented cases of EVALI [e-cigarette or vaping, product use associated lung injury] and 39 deaths which have been confirmed in 24 states and the District of Columbia. Add to this over 120 reports of vaping induced seizures and the evidence begins to mount as to the health risks associated with vaping. The evidence flies in the face of the marketing campaigns of JUUL who have touted e-cigarettes as a safer alternative to regular tobacco cigarettes.
The newly formed Multidistrict Litigation involving JUUL will be procedurally similar to the MDLs formed in the Municipal Opioid Litigation and the Roundup Cancer litigation that Smith & Johnson is currently involved in. Smith & Johnson is currently interviewing potential Michigan claimants for inclusion in this Federal MDL re: JUUL e-cigarettes. If you have questions about this litigation and what rights you may have, please contact Attorney Tim Smith at (231) 946-0700 for a free consultation.
Authored by Attorney Tim Smith
ParaGard IUD
In the fall of 2020, attorney Tim Smith, of Smith & Johnson Attorneys, filed two of the first lawsuits in Michigan against the manufacturer of the ParaGard IUD in Michigan Federal Court.
Unfortunately, the ParaGard IUD also has a propensity to break at its arms upon removal (also known as explant), sometimes resulting in serious injuries. Its tendency to break may require the IUD to be surgically removed, and—in some cases—the patient may even need a hysterectomy, leaving them unable to bear children.
Numerous suits against Teva Pharmaceuticals, the manufacturer of this product, have been filed across the country. On December 16, 2020, the Federal Judicial Panel on Multidistrict Litigation has ordered that all federally-filed cases against Teva/ParaGard be transferred to the federal court in the Northern District of Georgia to the court of Judge Leigh Martin May. At the time of the transfer order, there were fewer than 100 cases filed nationwide.
Smith & Johnson Attorneys is proud to represent two of the Michigan claimants in this important litigation. If you or someone you know has been injured by a ParaGard IUD, please contact S&J at (231) 946-0700 to discuss your legal options.
Smith & Johnson Assist with Dann’s House Purchase
Vaping & Chronic Lung Disease
There is an increasing consensus among experts that e-cigarettes, contrary to their marketing tactics, are not safer than traditional tobacco products. A long-term study reported in the American Journal of Preventative Medicine on December 16th shows an increased risk of developing chronic lung disease amongst vape users. For years, companies like JUUL have marketed their e-cigarette as safer, but Robert Tarran, a professor at the University of North Carolina’s School of Medicine is on record stating, “everything I’ve seen on data in the lungs suggests e-cigarettes are not safer”.
Other scientists in the field have applauded the work in this recent long term study re: vaping. “I think it’s a critically important paper,” says Harvard University professor of public health Joseph Allen. “We don’t have any information as of now on the potential long-term impacts of e-cigarettes on respiratory health.” Allen says the results represent a first grim step toward producing that information — and they provide a sad confirmation of what researchers already suspected: that e-cigarette use has a dramatic long-term effect on lung health.
According to the Center for Disease Control, as of December 10, 2019, there have been 2,409 documented cases of EVALI [e-cigarette or vaping product use-associated lung injury] and 52 deaths, which have been confirmed in 24 states and the District of Columbia. Add to this over 120 reports of vaping induced seizures and the evidence begins to mount as it relates to the health risks associated with vaping. The evidence flies in the face of the marketing campaigns of JUUL who have consistently touted e-cigarettes as a safer alternative to regular tobacco cigarettes.
The newly formed Multidistrict Litigation involving JUUL will be procedurally similar to the MDLs formed in the Municipal Opioid Litigation and the Roundup Cancer litigation that Smith & Johnson is currently involved in. Smith & Johnson is currently interviewing potential Michigan claimants for inclusion in this Federal MDL re: JUUL e-cigarettes. If you have questions about this litigation and what rights you may have, please contact Attorney Tim Smith at (231) 946-0700 for a free consultation.
JUUL and Vaping: Rising Use & Rising Deaths
At the same time, the National Youth Tobacco survey reports that since 2016, the percentage of U.S. high school students using e-cigarettes has more than doubled from 11.3% to 27.5%.
This massive increase in use by teens tracks the rise in popularity of JUUL brand of e-cigarettes. JUUL started with very little market share in 2016, but they ramped up their marketing campaigns to target teens. By the end of 2018, they had grabbed over 42% of the e-cigarette market share.
What is becoming very clear is that we are seeing a drastic increase of the number of young and otherwise healthy individuals being hospitalized across the country due to vaping.
It is too early to tell what will happen to all these kids in 10 years, but the early data is clearly pointing to the beginning of an epidemic of serious health consequences related to the increasing use of these dangerous products.
These two data points regarding increasing use combined with increasing injury and death amongst JUUL users is a stark contrast against the marketing campaigns of JUUL, who have touted e-cigarettes as a safer alternative to regular tobacco cigarettes.
The newly formed Multidistrict Litigation against JUUL will be procedurally similar to the MDLs formed in the Municipal Opioid Litigation and the Roundup Cancer litigation that Smith & Johnson is currently involved in. Smith & Johnson is currently interviewing potential Michigan claimants for inclusion in this litigation re: JUUL e-cigarettes. If you have questions about this litigation and what rights you may have, please contact Attorney Tim Smith at (231) 946-0700 for a free consultation.
In Memory of Partner Allen Anderson
Smith & Johnson is saddened to announce the passing of partner Allen Anderson.
Allen was known for both his keen legal intellect and his immeasurable kindness. He was a lover of both dogs and horses, and cherished by all of his friends both here in the States and abroad. He was fond of three piece suits and capped toe cowboy boots – a fashion statement rarely seen north of the Mason-Dixon Line. He enjoyed snow plowing his neighborhood drive in his 3/4 ton crew cab as much as he enjoyed reading and drafting articulate legal briefs for his clients. His days at the firm were spent solving legal problems for his clients and drinking the sublime coffee brewed across the street from the office at Frenchies Famous, which were often delivered by Frenchy himself.
We couldn’t have asked for a better partner or friend than Allen. Please read his obituary and share in remembrance. He was one of a kind and is already missed more than we can begin to describe.
FDA Takes JUUL to Task For False Claims of JUUL Being a Safer Alternative
On September 18th, the Food and Drug Administration reprimanded JUUL for their false marketing around e-cigarettes being a safer alternative to cigarettes. The FDA ordered JUUL to “stop making unproven claims for its products” and “upped its scrutiny of a number of key aspects of Juul’s business, telling the company to turn over documents on its marketing, educational programs and nicotine formula” – NBC News
As reported by Smith & Johnson Attorney Tim Smith in the Legal Examiner:
The newly formed Multidistrict Litigation involving JUUL will be procedurally similar to the MDLs formed in the Municipal Opioid Litigation and the Roundup Cancer litigation that Smith & Johnson is currently involved in. Smith & Johnson is currently interviewing potential Michigan claimants for inclusion in this Federal MDL re: JUUL e-cigarettes. If you have questions about this litigation and what rights you may have, please contact Attorney Tim Smith at (231) 946-0700 for a free consultation.
Is Vaping Causing Seizures?
From Smith & Johnsons Attorney Tim Smith in Legal Examiner:
In April, the FDA announced that it was investigating 32 reports of people suffering seizures after vaping. Since then, 92 more reports were made to that agency. Seizures were reported by first time users and experienced e-cigarette users. Former FDA Commissioner Scott Gottlieb said that he expected more reports of seizures following the initial report, “but 92 additional reports over that short period of time is concerning”.
“What stands out in the FDA’s list of neurological cases is the relative youth of the subjects, the lack of any prior seizure history, and their exposure to much higher levels of nicotine than with products like cigarettes or chewing tobacco. Last April, the agency said that it had received reports of seizures occurring in first-time e-cigarette users as well as in those with more experience, and some have occurred “after a few puffs or up to one day after use.”
But what is the connection been vaping and seizures?
“In a February 18 study published in Environmental Health Perspectives—a peer-reviewed open-access journal published monthly with support from the US National Institute of Environmental Health Sciences—researchers at Johns Hopkins University analyzed concentrations in e-cigarette liquid and aerosol samples in an effort to investigate whether metals from e-cigarette heating coils were present in reservoir tanks or the aerosol generated by the coils. They found lead, chromium, nickel, manganese, and arsenic in 56 samples of e-cigarettes from daily users, and while minimal amounts were detected in refilling dispenser fluids, much larger levels were in liquids exposed to the devices’ coils.” “It is well established that lead, arsenic, and manganese are neurotoxicants that can cause a range of problems, from headaches, drowsiness, and confusion, to seizures, as well as other life-threatening complications, depending on the dose and the person’s susceptibility,” said Ana María Rule, PhD, an assistant professor and director of the Exposure Assessment Lab at Johns Hopkins School of Public Health, who was part of the Johns Hopkins research team.”
“We found lead in 94 percent and manganese in 64 percent of aerosol samples; and half of the samples exceeded the [federal] ambient air quality standard for lead,” she told Neurology Today.
According to the Center for Disease Control, as of November 5, 2019, there have been 2,051 documented cases of EVALI [e-cigarette or vaping, product use associated lung injury] and 39 deaths which have been confirmed in 24 states and the District of Columbia. Add to this over 120 reports of vaping induced seizures and the evidence begins to mount as to the health risks associated with vaping. The evidence flies in the face of the marketing campaigns of JUUL who have touted e-cigarettes as a safer alternative to regular tobacco cigarettes.
The newly formed Multidistrict Litigation involving JUUL will be procedurally similar to the MDLs formed in the Municipal Opioid Litigation and the Roundup Cancer litigation that Smith & Johnson is currently involved in. Smith & Johnson is currently interviewing potential Michigan claimants for inclusion in this Federal MDL re: JUUL e-cigarettes. If you have questions about this litigation and what rights you may have, please contact Attorney Tim Smith at (231) 946-0700 for a free consultation.
Authored by Attorney Tim Smith
Smith & Johnson Works with Wexford County to Secure Reimbursement for Taxpayer Monies Spent Fighting the Opioid Epidemic
Smith & Johnson, Attorneys PC is proud of their representation of Wexford County in the Federal Municipal Opioid Litigation.
The question facing Wexford County tomorrow evening is whether or not to opt in to the litigation’s Negotiation Class in an effort to reach a global settlement on behalf of all municipalities.
Smith & Johnson is working diligently with Administrator Janet Koch and the Board of Commissioners to secure reimbursement of Wexford County taxpayer monies spent fighting the opioid epidemic that these companies created in our backyard.
This important litigation has already seen a change in the way these opioid manufacturers and distributors are doing business which will benefit not only the county, but the health of each and every citizen of Wexford in the long run.
We will continue the fight in Federal Court on behalf of Wexford and the 35 other municipalities we represent throughout Northern Michigan and the Upper Peninsula.
More from Cadillac News.
JUUL: The Evil We Haven’t Faced Before
As reported by Smith and Johnson Attorney Tim Smith in the Legal Examiner:
The newly formed Multidistrict Litigation involving JUUL will be procedurally similar to the MDLs formed in the Municipal Opioid Litigation and the Roundup Cancer litigation that Smith & Johnson is currently involved in. Smith & Johnson is currently interviewing potential Michigan claimants for inclusion in this Federal MDL re: JUUL e-cigarettes. If you have questions about this litigation and what rights you may have, please contact Attorney Tim Smith at (231) 946-0700 for a free consultation.
What Parents Should Know About Vaping
What parents should know about vaping from Legal Examiner:
In a recent article from Stanford University School of Medicine, Dr. Bonnie Halpern-Felsher discussed her research on young people’s perceptions of vaping products.
Dr. Halpern-Felsher explained that JUUL e-cigarettes contain over 41 milligrams of nicotine per pod which is the nicotine equivalent of 1 and a half to two packs of cigarettes. She also explained that JUUL uses a salt based nicotine which produces a less painful “throat hit” than what is inhaled from a combustible cigarette. Teens find it easier to smoke and become addicted to it more quickly.
Dr. Halpern-Felsher commented on JUUL’s marketing campaign which creates a false sense of safety among teens that an e-cigarette is a safer alternative to traditional cigarettes. It is clear this is not that case, as the Center for Disease Control has now documented nearly 3 dozen deaths nationwide directly associated with vaping.
Standford University is providing tools for parents, educators and health care providers to address the dangers of vaping with teens. “We really try to illuminate the role that marketing plays in getting kids to use nicotine products. We want young people to understand that they’re being manipulated by manufacturers.”
With the vaping death toll rising nationally, it is critical that parents combat the misleading marketing of JUUL and have very frank talks with their children. Litigation has already commenced against JUUL filed by users who have been injured and even families of those that have died.
The newly formed Multidistrict Litigation involving JUUL will be procedurally similar to the MDLs formed in the Municipal Opioid Litigation and the Roundup Cancer litigation that Smith & Johnson is currently involved in. Smith & Johnson is currently interviewing potential Michigan claimants for inclusion in this Federal MDL re: JUUL e-cigarettes. If you have questions about this litigation and what rights you may have, please contact Attorney Tim Smith at (231) 946-0700 for a free consultation.
Authored by Attorney Tim Smith