A Syracuse University student is suing Juul Labs, the e-cigarette company, after he experienced “catastrophic personal injuries” about two years after he began using the company’s products.

Maxwell Berger, 22, experienced a hemorrhagic stroke in July 2017 that paralyzed the left side of his body, caused him to lose half his vision in both eyes and led to cognitive impairments and brain damages, according to the lawsuit filed in July 2019. He began using Juul in 2015, and eventually came to use up to two pods per day around the time of stroke. 

Berger alleges that the e-cigarette played a significant role in his injuries. The lawsuit comes as there are more than 400 reported cases of lung illnesses related to vaping or e-cigarette use —five of which possibly resulted in death, according to The New York Times. In New York state, there have been 41 cases of severe, vaping-related lung illness reported. At least one case was reported in central New York. 

The 41 cases reported to the New York State Department of Health involve the use of at least one vape product containing cannabis prior to becoming sick. The department announced Thursday that vitamin E oil appeared in nearly all of the samples containing cannabis that were analyzed. The oil is now the primary focus of the investigation.

While hospitalized for more than 100 days, Berger had three brain surgeries and experienced a severe nicotine withdrawal that led doctors to provide him with a nicotine patch. The lawsuit did not explicitly state whether Berger experienced any lung illnesses.

“While he has and will continue to fight for his recovery and to lead as normal a life as possible, Mr. Berger’s brain and other physical injuries have caused him to become more withdrawn, depressed, aggressive and impatient with his family and friends,” the lawsuit states. 

Berger is listed in SU’s directory as a junior in the Martin J. Whitman School of Management. He did not respond to requests for comment sent to his university email address. Berger is represented by the law firm Lieff Cabraser Heimann & Bernstein, LLP. Sarah London, an attorney representing Berger, was not available for an interview.

The lawsuit also claims that Juul, other e-cigarette companies, researchers and marketers did not disclose the health risks associated with their products. Berger was first exposed to Juul advertisements in mid-2015, during his senior year of high school, according to the lawsuit.  

“The companies are advertising these things as harmless and we’re seeing more and more now that that’s not the case,” said Karyn Johnson, program coordinator of the Onondaga County Health Department’s tobacco program.

Berger developed an addiction to Juul, which contains the highly addictive chemical nicotine, within weeks of first using the product, the lawsuit claims. He frequently used Juul products through July 2017, and eventually reached a point where he inhaled from the device every 10 to 20 minutes, according to the lawsuit. 

Prior to using Juul, Berger didn’t have a nicotine addiction. He didn’t know the devices contained the chemical when he first began using, according to the lawsuit. 

Ted Kwong, a spokesperson for Juul, said in an emailed statement to The Daily Orange that the company’s product is only meant to be an alternative for adults who already smoke. 

Kwong said underage use is in contrast to Juul’s mission. “To the extent this case alleges otherwise, it is without merit and we will defend our mission throughout this process,” he said. 

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Juul Labs implemented an action plan in November 2018 to address underage Juul use. The company halted distribution of mango, creme, cucumber and fruit Juul pod flavors. Former FDA Commissioner Scott Gottlieb said in September 2018 that e-cigarette flavors contribute to their youth appeal. The flavors are now only sold on the company’s website, which now has controls to restrict users under 21 years of age from purchasing products.

Johnson said the fact that Juul devices and other e-cigarettes can contain more nicotine than regular cigarettes is a “concerning” difference.

“People may be getting addicted to these products and not even really understanding what it is they’re taking into their body,” Johnson said. 

In New York state, 27.4% of high school students have used e-cigarettes, she said. 

Cuomo announced Monday that he will propose legislation banning flavored e-cigarettes. The state health department will also issue emergency regulations that require warning signs be posted in all vape and smoke stores across the state. 

The governor also ordered the department to issue subpoenas to three companies found to have marketed thickening agents — nearly pure vitamin E oil — to vape liquid manufacturers. The subpoenaed companies will be required to aid the department’s investigation. Juul was not among them.

“The rise in vaping-associated illnesses is a frightening public health phenomenon, and I am directing the Department of Health to take several actions to address this crisis,” Cuomo said.

Published on September 10, 2019 at 11:15 pm

Contact Emma: esfolts@syr.edu