Orbtronic Vape Battery Litigation

Orbtronic Vape Battery Litigation

Another term for Orbtronic vape batteries is rechargeable batteries. A popular rechargeable battery is a lithium-ion battery. These rechargeable batteries are used in Vaping devices (also known as an electronic cigarette) so that the device can be charged via a power supply.

What is a Vape?

  • There are dozens of different types of Vapes since their inception in 1963 by Herbert A Gilbert, however nicotine wasn’t implemented in Vapes until the mid-2000s. 
  • According to research in recent years, approximately 98% of Vaping products now contain nicotine, yet 60% of teens are unaware that Vapes contain any nicotine. 

components of a Juul vape

Vapes usually consist of four main parts, the Battery, Atomizer, Tank, and Mouthpiece. The Atomizer is the part of the e-cigarette that turns nicotine liquid into vapor. The tank is where the e-liquid is stored before vaporization and where the new liquid is refilled. In some devices, this part is disposable and is referred to a cartridge. Lastly, every e-cigarette or vaporizer has a mouthpiece or tip. This piece funnels vapor from the Atomizer into your mouth. 

  • Since 2017, there has been a 78% increase in high school students using electronic cigarettes. 
  • One popular brand of a Vaping device is called JUUL. One JUUL pod contains the same amount of nicotine as two packs of cigarettes. 


Vape Batteries Have the Potential to Explode


On Saturday, August 9, 2018, Shawn Herrington suffered severe burns when an 3.7V Li-ion Rechargeable FLAT TOP Hybrid IMR battery, commonly used for vaping and e-Cigarettes, exploded violently in his pocket.  The e-Cig battery was marketed and sold to Mr. Herrington by Orbtronic, LLC, and resulted in Mr. Herrington suffering severe injuries and disfigurement from the explosion and the burning battery. The explosion and fire was captured on film by a surveillance video camera.  A link to the video and graphic photos of the resulting injury can be found below.

Mr. Herrington’s attorneys, the law firm of Brent Coon & Associates, claim that the product was both defectively designed, manufactured and marketed as well as unreasonably dangerous for its intended use.  Additionally, there were no warnings presented to purchasers of the battery as to the known defects in the design, extreme risks of explosion, or the severe injuries likely to result.  Instead, Orbtronic made strong representations to the contrary, supplying false information relied on by Mr. Herrington as to the safety of the product.

“Orbtronic has been in business of marketing and selling e-cig batteries for a long time and had a duty to warn customers of the damages of exploding ion batteries,” says BCA Attorney Matt Willis.  “This is exactly the reason why safety warnings were created and the disclosure of danger are adhered to.  Sadly, not only were no warnings put in place and followed, but it appears the exact opposite is the case”

Brent Coon & Associates filed Mr. Herrington’s lawsuit in the Southern District of Texas Federal Court and sought damages for medical expenses, physical pain and suffering, disfigurement and impairment along with loss of earning capacity.

Health Concerns of Vaping

98% of Vapes contain Nicotine

One of the major concerns with Vaping is that 98% of Vapes contain Nicotine. Nicotine is a liquid that is a chief active constituent of tobacco that can often lead to addiction.  

Definition of Nicotine: A toxic colorless or yellowish oily liquid that is the chief active constituent of tobacco. It acts as a stimulant in small doses, but in larger amounts blocks the action of autonomic nerve and skeletal muscle cells. Nicotine is also used in insecticides.

What affects does Nicotine have on adolescence?

Approximately 10% of the teen population regularly smokes a product containing nicotine, and 66.6% of those teens smoke Vapes in place of cigarettes. 

One of the most alarming statistics is that 60% of the teen population that smoke Vapes are not aware that they contain nicotine. Teens often are drawn to the product because Vapes have a variety of flavors and manufactures use various marketing tactics to make the product more appealing to young people. 

Young people have smoked cigarettes for years, so what’s the big deal you may ask? 

Health concerns aside, approximately 6% of the teen population are smoking Vapes but approximately 4% of the teen population are not aware that the fruity concoction that they are smoking, actually contains nicotine. 

According to the Centers for Disease Control and Prevention (CDC), nearly half  of all high school students in the United States reported trying a tobacco product once. It’s during these formative years that some portions of the brain are still developing.

Research shows smoking during adolescence increases the risk of developing psychiatric disorders and cognitive impairment later in life.

Recent Health Concerns Regarding Vaping

Recent studies have shown that the use of E-cigarettes can cause Popcorn Lung. Popcorn lung gets its name from a chemical called diacetyl. 

Definition Popcorn Lung: Popcorn lung is a rare medical condition that damages the bronchioles, the lung’s smallest airways. Over time, inflammation associated with popcorn lung causes lung tissues and airways to scar and narrow, causing breathing difficulties. 

Image of popcorn lung caused by vaping

Popcorn lung is a serious risk of vaping. Call Brent Coon if you have been affected.

Some of the symptoms of popcorn lung include: 

  • Wheezing
  • Dry Cough
  • Shortness of Breath, difficulty breathing deeply, especially with physical activity
  • Unexplained exhaustion
  • Rapid breathing
  • Persistent skin, eye, mouth, or nose irritation if caused by a chemical

A 2015 study of flavored e-cigarettes found that 39 out of 51 tested brands contained Diacetyl. Manufacturers add Diacetyl to the “e-juice” that is vaporized by e-cigarettes, most commonly to the strongly-flavored varieties. 

Even though E-cigarettes have been on the market for decades, the U.S Food and Drug Administration (FDA) just gained control of E-cigarettes in 2016. 

The lung tissue scarring caused by popcorn lung is irreversible. There is no cure for the condition once it has developed and begun constricting the airways. However, there are treatments to reduce symptoms and limit further lung damage. 

The best way to prevent popcorn lung is prevention. One of the major preventative measures listed online is not using e-cigarettes or other type of Vaping products such as hookahs, especially those using flavored products.

If you have been injured by an Obtronic battery or other vaping products, Brent Coon & Associates is here to help you get the compensation you deserve. Call our office today for a free case review and learn how we can maximize your claim.


our offices

  • Beaumont Office

    215 Orleans St.
    Beaumont, TX 77701

  • Houston Office

    300 Fannin St.
    Suite 300
    Houston, TX 77002

  • Burbank Office

    4111 W. Alameda Avenue
    Suite 611
    Burbank, California 91505

  • Denver Office

    3801 E. Florida Ave.
    Suite 905
    Denver, CO 80210-2500

  • Philadelphia Office

    1500 Walnut Street
    Suite 2000
    Philadelphia, PA 19102

  • Nashville Office

    1102 17th Avenue, South
    Suite 305
    Nashville, TN 37212


DUI Driver Kills Pedestrian in Houston Hit-and-Run Accident

A driver hit and killed a pedestrian in a Houston hit-and-run accident on Monday, October 26. The driver was later apprehended by the authorities and found to be under the influence of alcohol. According to the details shared by the Harris County District Attorney’s Office, the fatal pedestrian accident occurred at Westheimer and Fountain View.…

Teaching Others About Road Safety

Some drivers take it as a personal responsibility to teach others on the road about road safety. Now some drivers can and do have an obligation to teach others such as adult guardians or parents of teenagers learning to drive. Others however take it too far or an issue faced citations or slap stickers directly…

First pre-trial hearing held Monday for 530 TPC explosion-related lawsuits

Court proceedings started on Monday in the first pre-trial hearing related to the TPC Group facility explosion in Port Neches. Judge Courtney Arkeen presided over the first hearing about 10 months after the plant exploded in late November 2019. Arkeen told 12News Monday allowed lawyers on both sides to meet and talk about logistics. As…