The three men, one of whom is a former L.A. Galaxy player, are seeking damages as well as hoping to raise awareness about the lack of regulation in the making of e-cigarettes, battery-operated devices that deliver nicotine with flavorings, said their attorney, Gregory Bentley.
In a press conference held in Glendale, Bentley called the e-cigarette industry unknown territory because 90 percent of the products and batteries are made in China, and there is no way to hold those companies accountable.
The device’s batteries can explode during vaping, charging, or during transport, Bentley said.
“This is an unregulated industry this is causing harm across the country,” Bentley said. “It’s been a national problem and public safety is at risk.”
• VIDEO: Lawyer Gregory Bentley, victim Vicente Garza talk at press conference
Data compiled by the Federal Emergency Management Agency found 25 incidences of e-cigarette explosions from 2009 to 2014. The e-cigarette industry started to gain ground in the United States in 2007.
But that data may be incomplete, Bentley said, because FEMA compiled that information based only news reports.
Each of the plaintiffs said they suffered injuries from explosions this year:
• Daniel Califf, an Orange County resident and former Major League Soccer player who played with the Galaxy from 2000 to 2005, suffered second degree burns on his neck, ear and face, as well as facial fractures after an e-cigarette he was using blew up in February.
• Gregory Phillips, Jr., a Bakersfield resident, suffered second-degree burns to his left leg after his e-cigarette exploded in his pocket in September; the burns resulted in the need for skin grafts at the Grossman Burn Center at San Joaquin Community Hospital.
• Vicente Garza, also a resident of Bakersfield, suffered injuries to his mouth and tongue, as well as shattered his teeth in October in an explosion while vaping the e-cigarette; the explosion shattered his bathroom mirror and he lost half of his left index finger.
“It was a traumatic experience,” Garza, 23, said during the press conference. A former smoker who worked in the oil fields of Texas, Garza said he turned to e-cigarettes to help him quit tobacco a year ago.
“I still feel pain in my finger and I can’t sleep,” he said. “I never thought in my life this would happen.”
No federal agency oversees the e-cigarette industry, said Ray Story, founder of the Tobacco Vapor Electronic Cigarette Association. The nonprofit trade association works to create a sensible and responsible electronic cigarette market, Story said.
Story said he initiated the litigation against the FDA, claiming e-cigarettes was indeed a tobacco product and should be regulated as such. He won the suit five years ago and the FDA submitted its proposal for regulations to the White House last month.
• PHOTOS: Injuries victims suffered from exploding e-cigarette batteries
But Story said most e-cigarette products and the lithium batteries and chargers are safe, although it’s up to the wholesalers and retailers to buy products that are better known. In the drive to make money, some business owners choose cheaper products, he added.
“The retailer has some responsibility,” Story said. “They’re going to have to buy quality, not quantity. That is a big problem.”
Story also said explosions occur when the product is misused. Despite that, he said e-cigarettes are helping millions of people cut tobacco use.
The federal government does have some idea as to the possibilities of danger. Last month, the Department of Transportation issued a ban on passengers and air crew members from carrying e-cigarettes on board airplanes. No e-cigarettes are allowed in luggage.
Bentley said the trio of lawsuits weren’t his first. In September, a Corona woman he represented won nearly $2 million after she plugged in her e-cigarette charger in her car and it exploded, burning her dress and causing second-degree burns on her thighs.
With the popularity of e-cigarettes increasing and an industry that is said to be worth more than $2.5 billion and growing, Bentley warned that more injuries are possible. He said ever since he won the Corona case in September, the phone hasn’t stopped ringing.
“We have a problem with this industry with a lack of accountability,” he said. “This is a problem that is going to continue to grow.”
Resource : http://www.dailynews.com/general-news/20151119/3-men-severely-burned-when-e-cigarette-batteries-explode-file-lawsuit
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