Jury Awards Chicago-Area Factory Worker Millions In Lawsuit Related To "Popcorn Lung"

By Anna Deem in News on Sep 4, 2010 6:30PM

We first heard about the mysterious medical condition known as "popcorn lung" almost exactly three years ago to the date, and now it seems the disease has struck again. Gerardo Solis, 45, a South Elgin factory worker, has been suffering from "popcorn lung" for several years. Since 1987, Solis worked for various popcorn and popcorn-flavoring plants in the Chicago area. Over time, he developed bronchiolitis obliterans--better known as "popcorn lung"--a disease that has destroyed 75 percent of his lungs. Last month, Solis was awarded $30.4 million against BASF, a supplier of a chemical called diacetyl that is found in butter-flavored microwave popcorn and gives butter its flavor.

According to Solis' attorney, Ken McClain, it's believed that the lawsuit was the largest award in the country to a sole individual involving diacetyl. "His pain and suffering, the loss of life expectancy, these are quality-of-life issues that you can't always put a dollar amount on," McClain said to the Chicago Tribune. Solis is currently waiting for an appeal from BASF. "BASF disputed the claims and is disappointed with the jury verdict," Maureen Paukert, a spokeswoman for the company, wrote in an e-mail to the Tribune.

In the lawsuit, as detailed in the Tribune, "BASF failed to warn Solis and his co-workers about, among other things, the health and safety hazards associated with diacetyl, failed to conduct adequate testing on the harmfulness of the chemical, and failed to advise workers to wear respirators and chemical suits." The Federal Drug Administration is now considering banning the chemical and the Occupational Safety and Health Administration is looking into limiting the level of exposure workers can have to the chemical.