The National Institute for Occupational Safety and Health (NIOSH) provides that artificial butter flavoring can be dangerous to employees at microwave popcorn factories. Artificial flavoring which gives the butter flavor to popcorn contains the chemical diacetyl.
This chemical may cause certain life-threatening respiratory conditions, including lung disease and emphysema, and lung disease. It is important to note that employees at other snack food factories may also be at a similar risk to those who work in microwave popcorn factories.
What Are the Symptoms to Popcorn Lung Disease?
Popcorn lung disease is a rare and dangerous condition which appears at a higher rate among employees of microwave popcorn factories and employees of flavor production factories. This lung condition has also been found among consumers who were daily, heavy eaters of butter flavored microwave popcorn.
Popcorn lung disease was encountered for the first time in 2000. The Missouri Department of Health and the National Institute for Occupational Safety and Health (NIOSH) investigated a strange lung disease which was found in popcorn factory employees called bronchiolitis obliterans, or obliteration of the bronchioles.
The bronchioles are the smallest airways of the lungs. The chemical used in artificial butter flavoring, diacetyl, is toxic to the lungs when it is released into the air and inhaled.
What Are the Symptoms of Popcorn Lung Disease?
The chemical diacetyl causes a reaction in an individual’s bronchioles which results in inflammation and subsequent scarring. The scarring may then completely block the small airway, creating a permanent lung condition.
The symptoms of popcorn lung disease include:
- Wheezing;
- Shortness of breath; and
- Difficulty breathing.
In many cases, the only medical solution for popcorn lung disease is a lung transplant.
Can You Sue if You Are Diagnosed with Popcorn Lung Disease?
Yes, an individual may sue if they are diagnosed with popcorn lung disease. A company which manufactured or sold products which contain chemicals that are used to give microwave popcorn its butter flavor owe a duty to both the consumer of the popcorn and the industry workers.
The manufacturer’s duty included adequate testing the product and warning the public regarding any potential hazards. Lawsuits based on microwave popcorn lung have resulted in compensation of millions of dollars being awarded to various people. These included popcorn factory workers who were diagnosed with popcorn lung disease or consumers of the product who got popcorn lung disease.
The lawsuits which were brought against the manufacturers of the popcorn that are liable for the exposure to workers and consumers allege that the defendants, or manufacturers failed to:
- Warn of the potential risks which were involved with inhaling the vapors in the butter popcorn flavor;
- Report side effects for popcorn factory workers;
- Provide adequate warnings or instructions for proper use of the popcorn; and
- Properly test to see if the product they use was harmful or if there are safer alternatives.
Can a Worker Who Has Been Exposed to Artificial Butter Flavoring Receive Workers’ Compensation?
An employee who has been exposed to artificial butter flavoring containing the chemical diacetyl and suffers from lung disease may be able to pursue workers’ compensation relief. This is especially true in cases where the disease leads to cardiothoracic surgery.
Can a Worker Who Has Been Exposed to Artificial Butter Flavoring Sue the Manufacturer of the Product?
There are some employees who have instead chosen to sue the manufacturer of the artificial butter flavoring under the legal theory of a defective product. These lawsuits were based on product liability theories of failure to warn and negligence.
What is Workers’ Compensation?
Workers’ compensation is an insurance program which is state-mandated. It provides compensation to employees who suffer job-related injuries.
Employees who are injured on the job are guaranteed their benefits regardless of what party is at fault. In return for these benefits, employees typically forfeit the right to sue their employer for damages related to their injuries.
Texas is the only state in the United States which does not mandate employer participation in a state system. Approximately 38% of eligible employers in the state have chosen to opt out of workers’ compensation.
What is the Difference between Personal Injury and Workers’ Compensation?
As noted above, an employee who uses workers’ compensation insurance typically forfeits the right to sue their employer for damages related to their injuries. This is considered fair because the injured employee is assured to receive compensation for their medical care and lost wages.
In personal injury cases, an injured individual sues the entity that was negligent and was the direct cause of their injury in a civil court of general jurisdiction. The individual, called the plaintiff, will recover damages for the cost of their medical care and their lost wages.
In addition, the plaintiff may be able to recover money damages for their pain and suffering. The drawback to this option is that damages are never certain and may take longer to obtain.
The main differences between workers’ compensation claims and personal injury lawsuits include:
An individual who files a personal injury lawsuit must generally prove that the defendant sued was at fault for causing their injuries, typically based on some type of negligence. An individual making a workers’ compensation claim, on the other hand, is not required to prove negligence or fault on the part of their employer in order to recover compensation for their injuries/
In a personal injury case, an individual can recover damages for pain and suffering if the facts justify the award. These damages are awarded in addition to compensatory damages for medical care and lost wages.
A workers’ compensation award, in contrast, does not include an award for pain and suffering. In addition, a workers’ compensation award is typically paid weekly or periodically, while personal injury damages are awarded in lump sums.
A worker making a workers’ compensation claim cannot recover punitive damages, which are damages imposed on a defendant because their actions in causing the injury were especially egregious. An individual who files a personal injury lawsuit may recover punitive damages if the facts warrant this type of recovery.
Technically, an employee who is sickened or injured on the job cannot file a lawsuit against their employer. In the majority of cases, the employee is legally obligated to turn to the workers’ compensation system in their state for compensation.
Personal injury lawsuits are filed and proceed to their conclusion in a civil court of general jurisdiction. The states have separate administrative law hearing systems that process workers’ compensation claims.
Should I Consult an Attorney?
If you or a loved one have developed popcorn lung disease as a result of exposure to diacetyl, it may be in your best interest to consult with a local class action lawyer. Your lawyer can advise you of the laws of your state.
Personal injury cases involving medical issues are often complex and require certain types of evidence to be presented in court. In addition, large manufacturing companies have the funds and manpower to vigorously defend any claims made against them.
Your lawyer will be able to advise you of the options in your case and represent you in court. Having a lawyer will give you the best chance at receiving compensation for your injuries.
