Popcorn lung, or broncheolitis obliterans, is a disease that can lead to severe lung damage and other ailments. There are a number of causes of popcorn lung. The most common cause is not eating popcorn but inhaling the “almost butter” flavoring in popcorn called diacetyl. Not surprisingly, the most serious cases of popcorn lung often involve popcorn factory workers. Many of these workers do not know they have popcorn lung because this disease is often misdiagnosed as asthma or emphysema because the symptoms are so similar.
With respect to these popcorn factory workers, the allegations against the defendants is that they did not provide warnings when they knew the risk to workers, specifically the risk of severe respiratory disease. Equally troubling is that there were practical and technically feasible alternatives to diacetyl that would have prevented the harm without significantly impairing the usefulness, desirability, or marketability of their products.
There is always an issue getting post distribution evidence admitted at trial but it certainly can be used if defendants deny feasibility because now all of the large makers of microwave popcorn have reformulated their recipes to get rid of diacetyl.
If you believe you may have a potential popcorn lung lawsuit, call one of our lawyers at 800-883-8082 or get a free online consultation.