Vaping and COVID-19: Plausibility and causality


CLE credits earned: 1 General Credit (WA 1 Law and Legal)

Commercial vape product manufacturers have found themselves entangled in a series of lawsuits, many consolidated into two large sets of cases, one a federal MDL and one in California state court. These cases raise allegations regarding product marketing as well as personal injury. Among the injuries alleged to be linked to vape product use are COVID-19 and an acute respiratory condition known as EVALI. Given that vaping involves drawing air into the lungs, questions have been raised in both legal and medical circles as to whether vape use caused such injuries. However, there are serious questions as to whether product use is a cause of either disease. A panel of litigators with extensive experience with the legal and scientific issues regarding vape products will address these issues

Key topics to be discussed:

•  Litigation against vape product manufacturers
•  Allegations that vape product use exacerbated COVID severity
•  Allegations that vape product use caused EVALI

Date / Time: February 10, 2021

•  2:00 pm – 3:00 pm Eastern
•  1:00 pm – 2:00 pm Central
•  12:00 pm – 1:00 pm Mountain
•  11:00 am – 12:00 pm Pacific

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•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are view-able for up to one year.

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Original Broadcast Date: February 10, 2021

Christopher Gismondi | DLA Piper

Chris Gismondi is Of Counsel in the Litigation & Regulatory Group in the New York office. Chris litigates high-stakes, complex commercial and corporate governance disputes. Recently, his practice has focused on providing broad-based litigation and regulatory support to product manufacturers and distributors, particularly in the tobacco, vape product, and CBD/Hemp industries. He also defends corporate clients against claims for violations of the securities laws, breach of fiduciary duty, and breach of contract. He handles cases before state and federal trial and appellate courts, arbitrators, and mediators, working hand in hand with clients to develop aggressive, yet cost-effective, litigation strategies.

David Jaroslaw | DLA Piper

David, a partner in the Litigation and Regulation group in DLA Piper’s New York office, practices at the intersection of law, science, medicine, and technology.  He has provided product liability advice and litigated on behalf of manufacturers in various industries, including the tobacco, vape, and cannabis/CBD product sectors, in the US, Europe and Asia.  He specializes in the communication of complex concepts to juries, courts, and regulators.  He was formerly an organized crime prosecutor specializing in international money laundering cases.  He went to law school at Columbia, and was undergrad at Cornell.

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I. Litigation against vape product manufacturers 2:00-2:20
II. Allegations that vape product use exacerbated COVID severity 2:20-2:40
III. Allegations that vape product use caused EVALI 2:40-3:00