MADISON COUNTY, Ill., Sept. 13, 2022 /PRNewswire/ -- TorHoerman Law Attorneys Jake Plattenberger, Steven Davis, and Eric Cracken, partnering with Alan Holcomb of Turnbull Holcomb, achieved a significant $4.4 million verdict for plant workers diagnosed with lung disease following exposure to Diacetyl at a Mane, Inc. plant in Ohio.
Diacetyl is a chemical compound, both man-made and naturally occurring in some food manufacturing processes, that mimics the taste, texture and smell of butter. Though Diacetyl is safe for ingestion in its natural state, it is dangerous when heated into a vapor and inhaled, potentially causing Bronchiolitis Obliterans, also known as "Popcorn Lung".
The THL team represented three plaintiffs with respiratory injuries from exposure to dangerous levels of diacetyl in the workplace. The employer intentional tort suit, filed in Warren County, Ohio, alleged that Mane, Inc. failed to warn of the dangers of chemical exposure, did not provide adequate personal protective equipment (PPE), and that chronic exposure to diacetyl vapor in flavoring components caused their lung injuries, specifically Bronchiolitis Obliterans.
The defense argued that plaintiffs were never exposed to levels of diacetyl sufficient to cause injury.
The jury found in favor of the plaintiffs, who cited peer-reviewed research, facility health audits, and expert testimony to show that the workers had, in fact, been exposed to dangerous levels of diacetyl vapor.
"This was an employer intentional tort case and the standard we had to meet was almost impossible. Employer intentional tort cases are among the most difficult civil cases to win," THL Attorney Jake Plattenberger said. "This was a complicated case with issues of toxic exposure, toxicology, epidemiology, and complicated medical issues. I am very proud of the team for an amazing result."
The jury awarded the plaintiffs $410,000 in compensatory damages and $4,000,000 in punitive damages. This is a significant and long-deserved win for our clients, and it was made possible through the hard work of our litigation team and collaborative partnership with Turnbull Holcomb.
TorHoerman Law's efforts in fighting Diacetyl exposure cases is not over. We are representing eight additional plaintiffs alleging injuries from Diacetyl in a trial set for October 2024.
About TorHoerman Law
At TorHoerman Law, our team of experienced legal experts specialize in personal injury lawsuits. If you have suffered any injury or loss from a vehicular accident, work accident, faulty drug or medical device, toxic exposure, or other negligent or tortious act, we're here to help you.
Our personal injury law firm has won more than $4 billion in verdicts and negotiated settlements for our clients. THL is a group of experienced people that believe in justice for individuals harmed through no fault of their own. To learn more, visit https://www.torhoermanlaw.com/.
SOURCE TorHoerman Law LLC
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