According to Ezequiel Reyna, a personal injury attorney, everyone has the right to file a lawsuit, but there may be some challenges along the way regarding vaping, like not having enough evidence.
“The science medically has just not caught up with the legal side and the legal requirements that are necessary to file a lawsuit at this time,” said Reyna.
Reyna has covered various personal injury cases involving vaping. He said he had one case involving an e-cigarette that exploded in an individual’s mouth due to the battery.
While the batteries for e-cigarette products have since been corrected, Reyna said trying to file a case following the reports of lung injuries sets a different challenge.
“The injuries themselves are sometimes hidden, and vaping, we don’t know enough about it at this point in time, ” said Reyna. “Medically and scientifically to be able to determine whether that types of injuries [were] caused by the vaping or not.”
The attorney said the law has also changed, which makes it difficult for lawyers to file lawsuits without a medical substance to be able to support any claims on behalf of their clients.
And if the products are purchased off the streets, Reyna said it’s an even bigger problem.
“It compounds the legal ability for us to proceed because we don’t know exactly what’s in the contents and where it came from,” explained Reyna.
He adds that these health cases will be lingering for a while, but in the meantime, attorneys will standby.
“Hopefully the medical science will catch up so that we’ll be in position, in a year or two years from now, to be able to file lawsuits,” said Reyna.
In addition, Reyna said lawyers will do what they call “warehouse” these cases until a scientific connection is found between the legal injuries and vaping.