Vaping caused Pierce County man’s lipoid pneumonia, lawsuit alleges
A Pierce County man alleges that vaping caused his lipoid pneumonia earlier this month, according to a lawsuit.
Charles Wilcoxen, 44, filed the lawsuit Monday in Pierce County Superior Court against an alleged distributor and manufacturers of his vaping products.
The complaint comes amid an outbreak of lung injury associated with e-cigarette products, according to the Centers for Disease Control and Prevention.
“Based on initial data from certain states we know: Most patients have reported a history of using e-cigarette products containing THC,” the CDC website says. “Many patients have reported using THC and nicotine. Some have reported the use of e-cigarette products containing only nicotine.”
The agency’s website says more than 500 cases of lung injury have been reported and that seven deaths have been confirmed.
“We do not yet know the specific cause of these lung injuries,” the website says. “The investigation has not identified any specific e-cigarette or vaping product (devices, liquids, refill pods, and/or cartridges) or substance that is linked to all cases.”
Wilcoxen’s complaint, which seeks unspecified damages, gives this account:
He was in the U.S. Army for 17 years and is now a police officer.
“Until injured by vaping, Plaintiff was a runner,” the lawsuit says. “He was active, fit, and healthy.”
He bought a vaporizer in 2018 and started consuming THC for “pain relief, stress relief, and sleep,” the lawsuit says.
“Vaping exists in a legal gray area without regulation from the FDA (U.S. Food and Drug Administration) because marijuana is generally banned under federal law,” the lawsuit says. “The field is ripe for predatory and dangerous products.”
He started wheezing after he vaped Sept. 11 and the next day had a fever and nausea.
Days later he felt worse and struggled to breath.
His wife took him to the emergency room, and after a CT scan, he was taken by ambulance to St. Joseph Medical Center.
“... the medical evidence indicates a lipoid pneumonia caused by vaping,” the lawsuit says.
He spent three days at the hospital, went home on bed rest and got a doctor’s note for light duty when he returned to work Monday.
“Since the injury, Plaintiff has been unable to run, work full time, or participate in physical activities with his young daughter,” the lawsuit says. “The full extent of the injuries caused by Defendants’ products is not yet known.”
Wilcoxen’s attorneys with the Herrmann Law Group said in a press release that he used the legal marijuana off-duty.
“My hope is that manufacturers of legal vaping cartridges and devices can be held accountable for their products,” Wilcoxen said in the release. “With proper oversight and more stringent guidelines, I believe their products will be safer.”
This story was originally published September 24, 2019 at 6:00 AM.
