Case details

Plaintiff: E-cigarette battery lacked warning about explosion

SUMMARY

$1004999

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On March 27, 2016, plaintiff Michelle Bartush, 34, a medical assistant, was at work at a medical clinic in Sacramento when her electronic cigarette battery exploded in her pocket, causing her and her scrubs to catch fire. Bartush suffered of her abdomen, an arm, a hand and a leg. Bartush sued the retailer of the e-cigarette, Paradox Smoke and Vape Shop, and the distributor of the e-cigarette, Uvaper, LLC. Bartush alleged that Paradox and Uvaper defectively designed and/or manufactured the e-cigarette and that they were strictly liable for their failure to warn about the defects. LG Corp., LG Chem Ltd., LG Chem America Inc., LG Chem Michigan Inc. and Sysmax Industry Co. Ltd. were also named as defendants in the suit, but they were ultimately dismissed from the case. Plaintiff’s counsel contended that the e-cigarette’s battery was defective because of inadequate warnings regarding the dangers relating to explosion. Counsel argued that Paradox was strictly liable for the defective battery. Counsel also argued that the e-cigarette device sold with the battery was defectively designed because its intended and foreseeable use damaged the battery, causing the explosion. Uvaper’s counsel contended that Uvaper was not the sole distributor of the e-cigarette device and that Uvaper did not distribute the e-cigarette purchased by Bartush. Counsel also contended that Bartush was comparatively at fault for keeping the battery in the same pocket as her keys. However, plaintiff’s counsel disputed those claims., Bartush sustained second and third degree burns on her right hand, lower abdomen, and right hip/upper leg. She was taken by ambulance to a nearby hospital, where she remained for more than two weeks. During that time, Bartush underwent excision and split thickness skin grafting of the right thigh. She was discharged on April 13, 2016, with instructions to perform physical therapy exercises at home. She underwent additional surgery in November 2018 to remove keloid scarring to help reduce pain at her abdomen. While Bartush was in the hospital and recovering after her discharge, she missed two months of work. She also claimed she suffers from emotional distress as a result of the events. Bartush sought recovery of past medical costs, and damages for her past and future pain and suffering.
COURT
Superior Court of Sacramento County, Sacramento, CA

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