Skip to comments.$30M award to 'popcorn lung' victim is most ever (Illinois)
Posted on 09/06/2010 1:17:02 PM PDT by Graybeard58
A Cook County jury has delivered the biggest verdict ever in a "popcorn lung" case: $30.4 million.
Factory worker Gerardo Solis, 45, of South Elgin, won the award after alleging his lung disease was caused by exposure to diacetyl, a chemical used in the making of butter-flavored microwave popcorn and other foods. It has been linked to health problems by the Occupational Safety and Health Administration. » Click to enlarge image Gerardo Solis
Solis has bronchiolitis obliterans, which makes it difficult to breathe. He is awaiting a lung transplant, said his lawyer, Ken McClain.
Last month's verdict is against BASF Corp., which "allowed workers to be used as blue-collar guinea pigs," McClain said.
Solis worked for about 18 years at area firms that used diacetyl in the making of microwave popcorn, cake mix, ice cream and other foods.
One of the firms -- Flavorchem of Downers Grove -- was supplied with diacetyl by BASF of Wyandotte, Mich., McClain said.
Solis' lungs were already damaged by the time he joined Flavorchem, McClain said. However, the jury took note that his lungs deteriorated even more while there, and that BASF AG, the German parent of BASF, did a 1993 study on rats that showed diacetyl caused lung damage but did not disclose the findings, McClain said.
Fifteen other employers or suppliers in the case settled out of court. BASF plans to appeal, a spokeswoman said.
I’m old enough to remember getting popcorn at the movie with REAL butter, not that synthetic crap they have today.
Sometimes these studies are not "true", i.e., it takes 1000 times the exposure to cause anything "substantial" to happen.
So the question should be....If he worked someplace else, would his condition have gotten worse. It's a yes or no...There is no maybe.
Wouldn't wish it on anyone...but...
My thoughts exactly. I’m tired of these “caped crusader” juries. Those people are a real pain in the @$$.
If it can be proven that the popcorn did this and the guy is really needing a lung transplant, I don’t think I have a problem with this. Big “ifs” though.
I'll bet it didn't cost $7.50 a box either did it?
I know this case. The guy had popcorn at work every day. He would open each bag hot out of the microwave and breathe in the fumes. They couldn’t diagnose the turd for quite a while until he admitted to smelling the popcorn for YEARS! 30 M! Ridiculous!
True... most people are genetically predisposed to something one way or another. It just takes the right trigger.
I took my wife and son to see Toy Story 3 when it came out... over $50... for just a movie, popcorn and soda... ludicrous.
The 1080p 46-inch I bought at a steal was well worth it.
From now on, we wait for Blu-ray.
Juries like this cause increased prices. The jury cannot prove the chemical contributed in any way to his demise. He took a job at the plant after he already knew of his lung condition.
“Juries like this cause increased prices.”
They don’t think so. They think they are “sticking it to the man” but are too damn stupid to know the truth. If you told it to them they wouldn’t understand it or believe it.
I’ve tried to converse with my union card carrying in-laws about the truth but only once, that was over 30 years ago. One of them was off all the time with “spurs on muh feet” and though he was entitled to being off on disability. Disability didn’t stop him from working cows and hunting though.
Sometimes it is about the experience, not the cost. As far as the awards go, I don’t believe the money should directly go to the awardee. The big bad ole company should be responsible for covering all costs related to said individuals HC with only a small amount of cash to the “victim.”
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