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