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Plaintiff alleges computer duster manufacturer negligence led to husband's death

COOK COUNTY RECORD

Wednesday, November 27, 2024

Plaintiff alleges computer duster manufacturer negligence led to husband's death

Federal Court
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In a class action complaint filed on May 20, 2024, in the United States District Court for the Northern District of Illinois, Spring Piatek has accused Norazza, Inc. of producing and distributing defective computer dusters that led to the death of her husband, Timothy Piatek. The lawsuit, which also represents others similarly affected, alleges that Norazza's product "Endust" contains harmful chemicals that are highly addictive and inadequately labeled regarding their dangers.

Spring Piatek, acting individually and as the next friend of her children Lily and Theodore Piatek, filed the complaint on behalf of Timothy Piatek’s estate. The case outlines a series of accusations against Norazza, including strict products liability for design defects, failure to warn, manufacturing defects, negligent design defect, negligent failure to warn, wrongful death, survivorship claims, breach of implied warranty of merchantability, breach of express warranty, and willful and wanton conduct.

The facts presented in the case detail how Timothy Piatek became addicted to inhaling 1-1 Difluoroethane (DFE), a chemical found in Endust. This addiction led to his erratic behavior and eventual death from cardiac arrest caused by DFE toxicity on May 25, 2022. The complaint emphasizes that DFE is a highly addictive substance with severe physiological risks including neurological damage and cardiac arrhythmia. It is alleged that despite knowing these risks for decades, Norazza failed to provide adequate warnings or make meaningful changes to deter abuse.

According to national surveys and poison control data cited in the complaint, inhalant abuse is a growing public health crisis with computer dusters being one of the most commonly abused substances. Data from sources like the National Survey on Drug Use and Health (NSDUH) and National Poison Data System (NPDS) show alarming increases in duster-related injuries and deaths over recent years. For instance, between 2006 and 2022 alone there were over 2,300 incidents involving aerosol duster inhalation reported to the Consumer Product Safety Commission (CPSC), most resulting in fatalities.

The lawsuit also criticizes Norazza’s inclusion of denatonium benzoate (DB) as a bitterant intended to deter abuse. Independent tests have shown that DB is ineffective at deterring huffing due to its undetectable nature when inhaled as vapor. Furthermore, it may even increase risks by acting as a bronchodilator which allows more DFE into users' lungs.

Spring Piatek seeks compensatory damages exceeding $5 million for herself and other class members who have suffered due to Norazza’s alleged negligence. She demands punitive damages aimed at deterring similar conduct in the future along with an injunction requiring better warnings on products containing DFE.

Representing Spring Piatek are attorneys from various law firms specializing in consumer protection cases while Judge presiding over this matter has yet to be assigned under Case ID: 1:24-cv-04122.

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