Popcorn Lung Lawsuits: How Popcorn Lung Cases Works
Popcorn lung (also known as bronchiolithitis obliterans or constrictive bronchial disease) is a chronic lung disease caused by inhaling toxic chemicals including diacetyl that are typically used as chemical butter flavoring in commercial popcorn kernels. Diacetyl is a highly toxic chemical that can cause severe lung damage including bronchial wall and esophageal cancer. Popcorn lung is one of the leading causes of death from occupational diseases in the United States.
A popcorn lung lawsuit can be filed in a variety of situations where workers in the popcorn plant suffer from symptoms brought about by working with extremely high concentrations of diacetyl. A typical lawsuit involves an individual who was exposed to the toxic chemicals while working in the popcorn factory. Another person might sue a popcorn mill or other company for negligence because he or she suffered from bronchial wall damage and was unable to work. An individual could even sue a popcorn manufacturer who sold popcorn that contains high amounts of diacetyl.
The plaintiff in a popcorn lung lawsuit must prove that he or she was exposed to a dangerous level of diacetyl on a regular basis without any protection at all, that the exposure caused severe lung damage, and that the health damage that resulted can not be attributed to other possible causes. As the above factors clearly show, it is very difficult to win a popcorn lung lawsuit.
This is why most popcorn lung lawsuits are unsuccessful. The plaintiff must prove that he or she was exposed to an extremely high concentration of diacetyl, which is virtually impossible to do.
Some of the popcorn manufacturers have been sued for providing flavoring oils that contain extremely high levels of diacetyl. These highly toxic chemicals can be easily absorbed by the skin and breathing system and cause severe damage. The popcorn manufacturing industry is now aware of this and has begun using safer alternatives to the diacetyl that they use. They are making caramel corn instead of regular popcorn, so that the caramel flavoring oil that is used cannot be absorbed into the lungs.
Other cases have centered around extremely high levels of aflatoxin. {THM’s (toxic gases produced when fungi decay organic matter) were found in factory popcorn kernels. When exposed to THM’s, the heart stops beating and there are serious problems with the central nervous system, the liver, kidneys, and the lungs.
These lung problems can also be caused by the high levels of diacetyl in the popcorn that the worker was breathing when he or she developed bronchial wall and esophageal cancer. The defendant in a popcorn lung lawsuit must prove that the worker was exposed to a dangerous concentration of diacetyl, and that their use of cheaper flavoring oils, not containing the toxins, caused the harm. Most manufacturers will settle the case if they can prove that there were no harmful levels of diacetyl present in their products.
The courts often favor the plaintiff’s position when it comes to the merits of a popcorn lung lawsuit. This means that the plaintiff is usually not only forced to prove that they were exposed to the toxic chemical, but that their exposure resulted in the disease. These settlements are usually smaller than damages awarded in other lawsuits, but still high enough to make a difference financially for the plaintiff. In many cases the defendant will settle the case out of court, which means that the plaintiff does not have to go to trial and the defendant avoids having to pay court costs.
The plaintiff is usually the person who files the popcorn lung lawsuit. In fact, they often file the suit on behalf of a co-worker, who feels that they were also exposed to the dangerous chemicals in their work clothes, but was never diagnosed with any symptoms. The plaintiff does this because they may feel guilty about exposing their co-worker to something that caused their cancer and will try to sue for compensation.
Popcorn lung lawsuits have also resulted in thousands of dollars of compensation for those who have been exposed to the deadly chemical. If you, as a popcorn lover, were exposed to diacetyl, you should consult with a lawyer specializing in popcorn lung cases, who can advise you as to whether or not you may have a case. based on the facts of your case.
Popcorn lung lawsuits are not something that should be taken lightly, as they are serious medical conditions. Although the cost of the settlements is minimal, they can be very costly to the defendant, as they result in millions of dollars of medical bills and hospitalization. The judge in the case will take all these things into consideration before deciding whether or not a settlement is appropriate.
