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Media Center
New York Woman Files Suit Charging Butter Flavoring Chemical Diacetyl, Used in Microwave Popcorn, Led to Serious Lung Injury
May 1, 2010
April 30, 2010, Queens County, NY – Wendy R. Fleishmann and Elizabeth Alexander of the national plaintiffs' law firm Lieff Cabraser Heimann & Bernstein, LLP, and Ken McClain of the Kansas City, Missouri law firm, Humphrey Farrington and McClain, P.C., announced today that Agnes Mercado, of Queens County, New York, filed a personal injury lawsuit against ConAgra Foods, Inc., Givaudan Flavors Corp. and numerous diacetyl manufacturers.
Photo: Agnes Mercado
In April, 2010 Ms. Mercado was diagnosed with a severe lung disease as a result of her exposure to ConAgra's microwave popcorn which contained butter flavorings with added diacetyl. The disease is associated with inhaling butter flavoring vapors and has been identified as bronchiolitis obliterans -- literally, an obliteration of the lung's airways. Breathing tests can identify difficulty in moving air in and out of the lungs, called lung obstruction. In the case of bronchiolitis obliterans, that obstruction is "fixed," meaning it doesn't respond to normal asthma medications.
About her injury, Ms. Mercado stated, "I have always taken good care of myself and never would have thought that something as seemingly harmless as eating microwave popcorn would have hurt me so badly."
The lawsuit charges that Ms. Mercado sustained a severe lung disease after consuming microwave popcorn containing the butter flavoring chemical diacetyl. The chemical is used for the aroma and taste in butter, some cheeses and snack and bakery products.
Wendy Fleishman stated, "The product diacetyl has destroyed our client's health. It should never have been added to microwave popcorn or any other food." Ken McClain stated, "Unfortunately, my firm represents consumers who have been diagnosed with bronchiolitis obliterans. The hazards were unknown by consumers for far too long."
The complaint further alleges that exposure to butter flavoring containing added diacetyl may cause other health problems including asthma, bronchiectasis, chronic obstructed bronchitis, pulmonary disease, emphysema, lung impairment as well as several others.
Legal Resources for Individuals Affected by Popcorn Lung Disease
Lieff Cabraser represents persons across America injured by the chemical diacetyl. If you would like to learn more about your legal rights please visit www.butterflavoringlunginjury.com.
There is no charge or obligation for our review of your case.
About Plaintiff's Attorneys
Lieff Cabraser Heimann & Bernstein, LLP, is a sixty-plus attorney law firm that has represented plaintiffs nationwide since 1972. We have offices in San Francisco, New York, and Nashville. Lieff Cabraser has a comprehensive and diverse practice, which includes representing persons injured by contaminated foods.
Since 2003, The National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the nation.
To learn more about Humphrey Farrington & McClain, please visit their website at www.hfmlegal.com.
Source | Contact
Wendy R. Fleishman
Lieff Cabraser Heimann & Bernstein, LLP
212-355-9500
Elizabeth A. Alexander
Lieff Cabraser Heimann & Bernstein, LLP
615-313-9000
Kenneth B. McClain
Humphrey Farrington & McClain
816-836-5050