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"Popcorn Lung" Wins 7 Million in Lawsuit

By S.C. Stringfellow | Update Date: Sep 20, 2012 12:05 PM EDT

Times are hard in the current economic climate. People are losing their jobs, homes are being lost, and dreams are being shattered. But, in the U.S, certain things can change your condition immediately. Hit the lottery...Ka Ching! Go all in and hit 21 in black jack on the Vegas strip...Ka Ching! Make too much microwavable popcorn and savor the smell...Ka Ching!

In the latest case, which is sure to be front and foremost in the next debate over tort reform, a Colorado man who was diagnosed with "popcorn lung," possibly from inhaling the artificial butter smell of the microwave popcorn he ate regularly, has won a $7.2 million verdict against various food companies.

Wayne Watson's attorney, Ken McClain, said a federal jury granted the award Wednesday against Gilster-Mary Lee Corp., The Kroger Co. and Dillon Companies Inc. after he developed respiratory problems in 2007. Watson previously settled claims against the flavor developer FONA International Inc., formerly Flavors of North America Inc.

A saying common among most people is that "too much of a good thing, is a bad thing." It is also clearly evident that what amounts to use of common sense or reasonable judgment is not a factor in deciding whether a plaintiff can collect large sums of money from a business or individual.

In a prior case, a man sued Anheuser-Busch, the beer barons, for $10,000 when two beautiful women failed to materialize after he had consumed a case of Budweiser. The company had recently run ads in which two beautiful women come to life in front of two truck drivers. In the plaintiff's world, this is obviously false advertisement and the court must either make the two women appear or pay him. The case was dismissed.

In another case, a woman sued and won an award after ordering a hot coffee from McDonalds, spilling it in her lap and suffering 3rd degree burns.

In most cases, including the "Popcorn Lung" lawsuit, there are actual damages and injuries, but how much a company is liable for and why our system allows for no cap in these awards, are the reason why lawsuits are seen as a way "to get paid".

In the "Popcorn Lung" lawsuit, Wayne Watson's attorney, Ken McClain successfully argued that the companies failed to warn consumers that inhaling the buttery aroma could put them at risk of lung injury.

"It's the truth. And that's why we won this case. Because the truth was on our side," said Watson.

Gilster-Mary Lee Corporation issued the following statement after the verdict:

"Gilster-Mary Lee Corp. has manufactured and provided safe, quality microwave popcorn to consumers for over two decades. We are certainly very disappointed by the decision of the jury in this case in light of the very clear evidence which was presented, including the millions of consumers who have safely used and enjoyed microwave popcorn since it was introduced. We are currently evaluating our next steps in this matter and will assert all rights available to us under the law."

Defense attorneys had argued Watson's health problems stemmed not from popcorn but from his years of working with carpet-cleaning chemicals.

"I think that, unfortunately, is the history of our country. That large verdicts that tend to get companies to do what's right," said McClain.

One cannot deny that we are protected by having the ability to sue for damages due to shoddy manufacturing and/or improper testing of products, but there should be some control and common sense used in determining who can sue and how much the award should be when simple common sense or personal responsibility could have helped mitigate their own damages.

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