Gustavo Mendes used to be status in his rest room “in a state of undress” whilst the use of a hashish vape pen he not too long ago bought at a certified Oregon dispensary when the pen exploded in his fingers, injuring him and inflicting a small fireplace, in keeping with a lawsuit filed Feb. 7, as first reported by way of The Oregonian/OregonLive.
Mendes purchased the hashish vaporizer manufactured/advertised by way of defendant Quantum Alchemy at defendant Hwy 99 Hashish Co., in keeping with the grievance, which used to be filed within the Lane County Circuit Court docket. He used the pen “best a handful of occasions and … in an issue for which it used to be designed” when, on Feb. 13, 2023, he spotted the pen had develop into sizzling to touch. The pen then exploded in his fingers. “When the Vape Pen exploded it brought about thermal and chemical burns to portions of Plaintiff’s frame together with, however no longer restricted to, his eyes, his torso, and his penis,” the grievance said.
The attention accidents Mendes suffered additionally allegedly brought about ongoing gentle sensitivity, combating him from proceeding to paintings in his occupation as a welder, “a task that exposes one to extraordinarily brilliant lighting fixtures even if eye coverage is used, and he needed to transfer careers – which negatively affected his source of revenue in 2023,” in keeping with the go well with.
Mendes, represented by way of Clark Regulation & Mates LLC, is suing Hwy 99 and Quantum Alchemy for previous and long run scientific bills, $20,000 in belongings harm brought about to his rest room, and $51,596 in financial damages from misplaced wages.
He’s additionally looking for $150,000 in noneconomic damages “to make him entire from the ache, struggling, lack of delight in lifestyles, lifestyles disruptions, embarrassment and inconvenience he has, does and can revel in because of the Vape Pen exploding and injuring him,” in keeping with the grievance. The go well with states that because of Quantum Alchemy and Hwy 99’s quite a lot of alleged violations and negligence, Mendes “sustained thermal and chemical burns to quite a lot of portions of his frame together with, however no longer restricted to, his eyes, his torso and his penis, and because of those thermal and chemical burns he has skilled, he continues to revel in, and he virtually without a doubt will sooner or later revel in important ache, struggling, lifestyles disruptions, embarrassment, lack of delight in lifestyles, and inconvenience.”
The comfort sought by way of the plaintiff totals $233,069.50.
“Quantum Alchemy’s website online has expired and an e-mail inquiry bounced again,” The Oregonian/OregonLive reported. The one who spoke back the telephone at Hwy 99 instructed the media outlet, “There’s no lawsuit, bud,” and hung up. “A person indexed because the approved consultant of the industry did no longer in an instant reply to a separate request for remark. … Mendes couldn’t be reached for remark, and his lawyer, Brendan Burke, doesn’t touch upon pending litigation, in keeping with a receptionist. Burke didn’t reply to an e-mail,” the thing said.
Quantum Alchemy’s merchandise have been additionally on the heart of a obligatory product recall in Oregon in December 2022 after the Oregon Liquor and Hashish Fee (OLCC) discovered that some merchandise manufactured by way of Quantum Alchemy in addition to some other approved corporate, Bobsled, examined sure for pesticide contamination. The OLCC issued a compulsory recall for the goods, due to the corporations’ failure to practice OLCC and Oregon Well being Authority laws for monitoring and separating hashish merchandise that examined sure for the presence of insecticides, as reported by way of Hashish Trade Occasions. The recall impacted 13,600 merchandise that have been offered to shoppers, in addition to 9,300 merchandise that have been nonetheless on dispensary cabinets.
RELATED: Oregon Officers Factor Recall for Hashish Extracts Because of Flawed Pesticide Checking out
Hwy 99 has a 4.5-star score on Google and a three.8-star score on Leafly.
