Lung Injury Litigation

When dangerous products make it into the hands of consumers and cause injuries, the product manufacturer should be held accountable. Consumers often do not know how to do this, which is why Lung Cancer Advocacy is here to help.

If you or a loved one has suffered an injury or illness due to the negligence of a product manufacturer, you have the right to demand justice. And you don’t have to fight your battle alone.

History of Lung Injury Litigation

For decades, families and governments in the United States and Canada have filed claims against manufacturers after individuals developed lung injuries. Lung injury litigation involves a variety of manufacturers and products, including the following:

Tobacco Litigation

The first claims related to tobacco products were filed in the 1950’s. Plaintiffs claimed (and continue to claim) that cigarette manufacturers failed to manufacture and market their products with reasonable care. They further claim that cigarette manufacturers did not adequately warn consumers of the risk of smoking cigarettes, including the addictive nature of nicotine.

In Canada, cigarette manufacturers were not required to list additives and ingredients on their labels until 1989. By that time, millions of people had already been inhaling these toxic chemicals. Furthermore, tobacco companies have long argued that there is no causal link between smoking cigarettes and cancer. However, in 2012, manufacturers reversed this argument and began admitting the link.

Visual warnings on cigarette labels were not required until 2001. Canada was the first country to require 50% of the front and back of cigarette packages to contain a warning. In 2004, B.C.’s court ruled that the Tobacco Damages and Health Care Costs Recovery Act was constitutionally valid. This meant that tobacco companies would be required to pay for the cost of smoking-related healthcare problems.

Since the 1950’s, numerous claims have been filed in the U.S. and Canada against major tobacco product and cigarette manufacturers. More recently, claims have been filed against manufacturers of electronic cigarettes, or “vape” products. Tobacco litigation claims that consumers using the products were unknowingly exposed to a variety of dangerous chemicals, including carcinogens. As a result, they have developed serious illnesses, including lung cancer.

Despite the efforts of lawmakers throughout Canada, tobacco companies continue to fight regulation and restrictions on advertising. In response, provinces across the country have initiated laws that allow the government to sue tobacco companies for the cost of healthcare related to smoking. Some provinces are seeking recovery for healthcare costs dating back to when the lawsuits began, which was prior to many of the evolving regulations, restrictions, and advertising guidelines.

Asbestos Litigation

There have been numerous claims filed in the U.S. and Canada due to lung injuries caused by asbestos. Asbestos can cause asbestosis, asbestos lung cancer and mesothelioma. When someone breathes in tiny asbestos fibers, the fibers become lodged in the soft tissues of the lungs. Over time, these fibers cause inflammation and scarring, which reduces lung function.

Exposure to asbestos fibers can also cause cancerous tumors to develop, and cancerous cells. Cancerous cells in the lining of the chest or lungs, called the mesothelium, is what causes mesothelioma. While mesothelioma is rare, it is almost always linked to asbestos. Smoking along with asbestos exposure increases the risk of lung illness substantially.

Silica Dust Litigation

Exposure to crystalline silica dust can cause a disease known as silicosis. This disease is most common in people who work in dusty or poorly ventilated environments, such as mining, sandblasting, countertop fabrication, or shipyards. The tiny particles of silica dust can be inhaled and are difficult to exhale. The particles then get lodged in soft lung tissue causing nodules, inflammation and fluid buildup.

Over the past few decades there have been a handful of claims filed relating to silica dust exposure. In 2018, a group of thousands of South African miners reached a settlement with gold producers after they developed silicosis and tuberculosis. The settlement was equivalent to $400 million.

Then, in 2009, a sandblaster in Mississippi won a sizeable award (and drew hefty media attention) after filing a lawsuit claiming that an abrasive manufacturer failed to disclose the risks of their product or warn users. There have also been numerous other individual claims considered.

JUUL Litigation

JUUL and other electronic cigarette manufacturers have been subject to lawsuits claiming that their products cause serious lung injuries or diseases, stroke and seizures. These products contain incredibly high levels of nicotine and other chemicals. Consumers claim that they were not aware of the high levels of nicotine, and as a result, became addicted to the products.

Furthermore, in the United States, e-cigarette use has been called an “epidemic” among young people ages 13-24. JUUL, in particular, has faced scrutiny for their marketing practices with numerous lawsuits claiming they inappropriately targeted minors in their marketing. More than 750 claims have been filed against JUUL.  

Get Help with Your Lung Injury Litigation Case

Product liability cases are complex. It is your burden as a plaintiff to prove your claims. More specifically, you must prove why or how the product was defective and who was responsible. This can be a complex process, especially when taking on a large manufacturer. The best way to proceed is to hire a lung cancer lawyer who can help you build a strong case.

At Lung Cancer Advocacy, our team can help you build your case using medical records, expert witnesses and as much evidence as possible. We will handle speaking to insurance companies or other lawyers so you don’t have to. And finally, we will pursue the compensation and justice that you and your family deserve.

To learn more, contact us at 866-541-5812. You can also reach us by completing our online contact form. Your information is confidential, and your initial consultation is completely FREE.

Sources:

• https://www.cbc.ca/news/health/a-legal-history-of-smoking-in-canada-1.982213
• https://www.silicosishelp.com/