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TorHoerman Law

Our firm is about people. That is our motto and that will always be our reality.

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New Mexico E-Cigarette Shop Hit with $2.5 million Jury Verdict for Defective Lithium-Ion Battery

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New Mexico E-Cigarette Shop Hit with $2.5 million Jury Verdict for Defective Lithium-Ion Battery

New Mexico E-Cigarette Shop Hit with $2.5 million Jury Verdict for Defective Lithium-Ion Battery

A New Mexico man has been awarded $2.5 million in damages for injuries caused by a defective lithium-ion e-cigarette battery.

The incident, which happened back in 2016, left Andrew Dean Snelling with extreme burns on his hands and left leg due to the battery catching fire in his pocket.

The battery was produced by Chinese manufacturer Shenzhen MXJO, which was released from the suit because the court did not have jurisdiction over the company.

Because of this, the court came down on the shop that sold the defective e-cigarette battery.

The shop, Tribal Vapors of Alamogordo, did not retain legal counsel or appear in the case.

This incident is among many other e-cigarette lawsuits involving defective lithium-ion e-cigarette batteries that have caught fire or exploded, causing severe burns and even death.

According to a study from George Mason University, there were at least 2,000 visits to emergency rooms in the US for e-cigarette related burns and explosion-related injuries from 2015-2017.

The National Institutes of Health (NIH) has also published a review of the common injuries in these incidents.

The 18650 lithium-ion battery has been most commonly linked to vape battery malfunctions.

This battery is used in many products other than e-cigarettes, like power tools, flashlights, laptops and even electric cars.

In consumer products, the 18650 usually requires users to manually remove the battery from the product in order to charge it.

This action can damage the insulating wrapper, potentially leading to metal-to-metal contact and causing fires and explosions.

The FDA has published tips to avoid vape battery explosions.

President of the American Vape Association George Conley provides the following guidance to people using 18650 lithium-ion batteries:

  • Never use a battery that has been damaged, or exposed to extreme temperatures
  • Do not store 18650 batteries in pockets or bags. Always use a protective case, sold in most vape shops, for storage.
  • Do not leave batteries on a charger longer than necessary
  • Do not get batteries wet
  • Move away from the device quickly if you feel it getting abnormally warm
  • Do not block ventilation holes on the device

​​Edwards, Erika. “The Battery behind Dangerous and Deadly e-Cigarette Explosions.” NBCNews.com, NBCUniversal News Group, 24 July 2019, https://www.nbcnews.com/health/health-news/battery-behind-dangerous-deadly-e-cigarette-explosions-n1032901.

Konnath, Hailey. “E-Cig Co.. Hit with $2.5m Jury Verdict over Defective Batteries.” Law360, 13 Oct. 2021, https://www.law360.com/articles/1430739/e-cig-co-hit-with-2-5m-jury-verdict-over-defective-batteries.

Quiroga, Luis, et al. “E-Cigarette Battery Explosions: Review of the Acute Management of the Burns and the Impact on Our Population.” National Institutes of Health, Cureus, 9 Aug. 2019, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6783228/.

Raphael, Angie. “Man’s Warning to e-Cigarette Users after Suffering Agonising Burns.” News.com.au – Australia’s Leading News Site, 23 June 2021, https://www.news.com.au/lifestyle/health/mans-warning-to-ecigarette-users-after-suffering-agonising-burns/news-story/46e7b0905b3815a9beacb5001d66c167.

Rosenberg, Eli. “Exploding Vape Pen Caused Florida Man’s Death, Autopsy Says.” The Washington Post, 17 May 2018, https://www.washingtonpost.com/news/to-your-health/wp/2018/05/16/man-died-after-a-vape-pen-exploded-and-embedded-pieces-into-this-head-autopsy-says/?noredirect=on.

Rossheim, Matthew E, et al. “Electronic Cigarette Explosion and Burn Injuries, US Emergency Departments 2015–2017.” Tobacco Control, BMJ Publishing Group Ltd, 1 July 2019, https://tobaccocontrol.bmj.com/content/28/4/472.

“Tips to Help Avoid ‘Vape’ Battery Explosions.” U.S. Food and Drug Administration, Center for Tobacco Products, https://www.fda.gov/tob

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CLIENT REVIEWS

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Trish Jones

I have had many speed bumps to get over on information needed to file my claim that has had me stressing out several times, but once I have gotten in touch with TorHoerman Law I always come out with most of my problems handled. Nikki has been very much helpful in aiding me with my complaint and never lets me go feeling like I’m clueless as to what to do next. She listens and responds very efficiently and with very positive attitude and that’s always helpful. Thanks TorHoerman Law for your advice and support I appreciate all y’all have done for me.

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Amari Raglin

I was in a car accident and went to the Personal Injury Team at TorHoerman Law. I met with Kristie Stephens and she was awesome, keeping me informed of what was going on, what to expect and not to hesitate to call if I need any questions answered. The staff I came in contact over the phone was Kristine Stephens, and she guided me through the whole process. I suggest the Personal Injury Team at TorHoerman Law for anybody that needs help with legal action.

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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.

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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.

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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.

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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!

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Maddy Moeller

Top-notch, hardworking attorneys!

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Karen Hersman

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

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Angel Truesdale

They contacted me the next day. Very nice people!

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