Judge Dismisses Claims in Vaping Illness Lawsuit | Cannabis Industry Journal

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About a year ago, a mysterious nebulization-related lung disease affected consumers in the nebulization crisis in 2019, resulting in thousands of hospitalizations, a series of lawsuits and even 68 deaths. This week, the first of these lawsuits was dismissed.

In September 2019, Charles Wilcoxen became seriously ill after drawing cannabis oil from a cartridge. A few days after he started showing symptoms, he was hospitalized and was later diagnosed with lipoid pneumonia. This mysterious lung disease is now called EVALI and is related to the 2019 vape crisis.

Wilcoxon stayed in the hospital for three days. Since being diagnosed, he has been unable to exercise, returned to work full-time, and even couldn't play with his daughter. Attorneys from Herrmann Law Group representing Wilcoxen filed a product liability lawsuit.

, In the Washington State Court designated six cannabis companies as defendants: Canna Brand Solutions, Conscious Cannabis, Rainbow's Aloft, Leafwerx, Mused and Janes Garden.

The case is said to be the first lawsuit after the vape crisis in 2019.

There is a lot of information about the original complaint and the lawsuit.

The main defendant named in the complaint is the packaging supplier and distributor of CCELL vaping products (heating elements, pens and batteries) in Washington State. The complaint stated that Wilcoxen believed he used CCELL vape. CCELL is a Chinese company, so it is difficult to bring legal proceedings against them, so why Canna Brand Solutions is listed as a defendant.

On August 31, 2020, Judge Michael Schwartz dismissed all claims against Canna Brand Solutions. "All claims made by the plaintiff against Canna Brand on the above issues should be automatically dismissed, without prejudice to any party to this lawsuit, and without any fees or charges," Judge Schwartz said in the dismissal. Judge Schwartz dismissed the case without prejudice to the case, which means that if the plaintiff’s lawyer decides to do so, he can submit it to the court again.

Regarding the allegations against Canna Brand Solutions’ CCELL products, the case seems to have been dismissed, mainly because of the lack of definitive evidence to prove which product caused the disease and the lack of responsibility for products that did not distribute the product. produce.

Daniel Allen, the founder and president of Canna Brands Solutions, claimed that the products mentioned in the complaint did not come from his company. "We support high-quality and customizable CCELL vaporization products," Allen said. "In this case, the judge's decision defended us, which shows that the claims against our company and products were completely unfounded from the beginning."

He also added that the quality and safety of the products they distribute is their top priority. "The products involved in this case did not come from Canna Brand Solutions," Allen said.

Wilcoxon’s disease and subsequent long-term lung damage are very unfortunate. Thousands of people have been hospitalized,

. The CDC still refers to this disease as EVALI (e-cigarette or e-cigarette, lung damage related to product use). According to a report from the Centers for Disease Control and Prevention (CDC), there is no real cause of EVALI, but they found that vitamin E acetate is "closely related" to the epidemic. Knowing this, it is entirely possible that Mr. Wilcoxen’s illness was the result of a hemp product he had consumed, and it was probably not any hemp product from Canna Brand Solutions. By conducting independent laboratory tests on the THC oil he consumed and carefully observing its contents, it is possible to further understand what caused the disease.

I dare to risk guessing that one of the products he ate did contain vitamin E acetate. Since the case was dismissed without affecting the verdict, for example, if Mr. Wilkerson’s lawyer wants more evidence, such as an independent laboratory report showing that a product he consumes contains vitamin E acetate , You can bring it to court again. . If Mr. Wilcoxen’s lawyers can figure out which product actually contains vitamin E acetate, perhaps the lawsuit may cause a second shot, and Mr. Wilcoxen may have a greater chance of getting some overdue dues. Compensation.

Aaron G. Biros graduated from Tulane University in May 2015 and then joined Innovative Publishing LLC full-time. He received a bachelor's degree in environmental studies, and his courses include environmental sustainability, conservation policy, design thinking in collaboration, social innovation and entrepreneurship, and food production and sales. Health and environmental and health risk assessment. He has two years of work experience as an associate editor of FoodSafetyTech.com and has written a series of articles on food safety and environmental sustainability. Aaron is now the editor and publisher of the B2B digital trade publication CannabisIndustryJournal.com, dedicated to educating the global cannabis industry on all seed sales in the entertainment and medical markets. CannabisIndustryJournal.com covers news, business trends, technology, regulatory compliance and other important areas, helping to develop an informed and secure market.

That depends on the laws of this country.

The necessary places have been marked

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