In a widely reported story by many news outlets including CBS, a man has won a $7 million personal injury award after his doctor diagnosed him with condition called "Popcorn Lung" that was brought on by inhaling the buttery aroma of microwave popcorn.
Colorado resident W.W. sued both the manufacturers and retailers of the buttered popcorn after eating two bags, every day, for ten years.
After less than two days of deliberations in Denver Federal Court, a jury handed down the verdict awarding W.W. $7 million for his damages.
The culprit, the smell of buttered popcorn that he inhaled while eating, caused him to be diagnosed with respiratory problems in 2007.
Gilster-Mary Lee Corporation, the popcorn manufacturer, was found 80 percent at fault and Dillon Foods and Kroger, the parent company of the King Soopers' supermarket, was found 20 percent responsible.
Attorneys representing King Soopers, planning to appeal the verdict, said that W.W.'s attorneys "might have well have warned that there are aliens popping out of the bags because there's just as much support for that."
A statement from Gilster-Mary Lee Corp. read, "We are certainly very disappointed by the decision of the jury in this case in light of the very clear evidence which was presented, including the millions of consumers who have safely used and enjoyed microwave popcorn since it was introduced. We are currently evaluating our next steps in this matter and will assert all rights available to us under the law."
According to reporters, the buttery flavorings sold by Flavors of North American Inc., now known as FONA International Inc., has already settled claims with W.W.
The flavor includes a chemical component called diacetyl that, when inhaled, can cause constrictive bronchiolitis obliterans – a condition that occurs when air movement is blocked off as small airways of the lung have become scarred.
The symptoms of "Popcorn Lung" – normally affecting workers in flavoring plants – includes coughing, wheezing and a shortness of breath that gets progressively worse. It is very similar to the symptoms of chronic bronchitis or pneumonia.
W.W.'s symptoms first appeared when he noted that he could no longer sing with his church choir as well as he had in the past. His physician and lung specialist, Dr. C.R., knew it was a respiratory illness and had been triggered by inhaling something.
During an interview on television, Dr. C.R. commented that when he thought of a possible popcorn connection his patient's "jaw dropped and he asked me how I would possibly know that about him."
In 2007 Dr. C.R. informed federal agencies that an unidentified patient of his might be the first known case to be stricken with Popcorn Lung outside of the factory workforce. He wrote, "We cannot be sure that this patient's exposure to butter-flavored microwave popcorn from daily heavy preparation has caused his lung disease. However, we have no other plausible explanation."
Your own case of personal injury may not be as dramatic as this one, but that makes it no less valid. Contact a personal injury lawyer to file your lawsuit today!