$7 Million Popcorn Lung Lawsuit Upheld

$7 Million Popcorn Lung Lawsuit Upheld

A federal court in Colorado has dismissed the defendant's post-trial motions for judgement as a matter of law for a new trial thus upholding a $7.5 million jury award to plaintiff, Wayne Watson, who sued the manufacturer and retailers of microwave buttered popcorn that caused him to develop "popcorn lung" after eating two bags daily for 10 years. Wayne Watson v. Gilster-Mary Lee Corporation was the first consumer of microwave popcorn diagnosed with Popcorn Lung.

Dr. Cecile Rose, a lung specialist at the National Jewish Medical Research Center in Denver (and Wayne Watson's doctor) told the CBS Early Show in 2007 that initially she was unsure what could have caused his ailment, but, knew it came from something he had inhaled. When Watson's medical history turned up nothing but eating two bags of popcorn for ten years, Dr. Cecile Rose took action to see that others knew of the dangers. Dr. Rose wrote a letter to federal agencies warning that an unidentified person may have developed the first case of the disease outside factory workers.

Even with warnings from Dr. Rose, the National Institute for Occupational Safety and Health and other groups, many people are working with this substance and consumers are risking their health using products containing diacetyl in their homes on a daily basis.

According to the Colorado federal court, punitive damages were appropriate in this case because "a reasonable jury could conclude that the Defendants knew about the risk posed to consumers from diacetyl in their microwave popcorn products and that this conduct could be construed as willful and wanton."

Share

Litigation Updates

Teen Placed on Life Support After Suffering Vaping Popcorn Lung Injury

November 21, 2019

November 21, 2019

Teen Placed on Life Support After Suffering Vaping Popcorn Lung Injury

$7 Million Popcorn Lung Lawsuit Upheld

April 23, 2013

April 23, 2013

$7 Million Popcorn Lung Lawsuit Upheld

Study Finds 2,3-Pentanedione (PD) Just as Toxic as Diacetyl

August 22, 2012

August 22, 2012

Study Finds 2,3-Pentanedione (PD) Just as Toxic as Diacetyl

California Became First State to Implement Standard for Working with Diacetyl

December 22, 2010

December 22, 2010

California Became First State to Implement Standard for Working with Diacetyl

OSHA Warning Says Flavorings May Not Be Safe to Handle or Breathe

October 14, 2010

October 14, 2010

OSHA Warning Says Flavorings May Not Be Safe to Handle or Breathe

CLIENT REVIEWS

quotation
Tom Lewis

TorHoerman Law was responsible for handling a medical case for our family. I was extremely impressed with their professionalism and ability to react quickly. They also did a nice job keeping us updated with the case throughout the process. This was the first time experiencing a situation like this and Tor Hoerman law did an excellent job from start to finish.

quotation
Jordan Terry

TorHoerman Law is an extraordinary law firm – a firm that truly makes the client’s best interests the primary concern. Their team of personal injury lawyers are experienced, personable, and well versed in a range of litigation areas. They are supported by a dedicated team of staff that are as equally friendly and helpful. I would recommend TorHoerman Law for any personal injury litigation needs.

quotation
Dave Woodley

All of my questions were answered quickly and in a way I could understand. Steve and the entire staff were friendly and professional.

quotation
Jordan Butler

I highly recommend this law firm! The attorneys and staff at THL worked hard, communicated every step of the process, kept me well informed at all times, and exceeded all expectations! The staff is kind, considerate, professional, and very experienced. Look no further, call now!

quotation
Maddy Moeller

Top-notch, hardworking attorneys!

quotation
Karen Hersman

A wonderful and professional legal team. They helped me when I needed expert legal representation! Thank you TorHoerman Law!

quotation
Angel Truesdale

They contacted me the next day. Very nice people!

quotation
Paul Graegin

The firm went above and beyond. Thank you for everything.

quotation
Carie Terry

The attorneys at THL were extremely helpful with the legal aspects of setting up my small business.

THANK YOU FOR YOUR MESSAGE

One of our associates will follow up with you shortly