Kuiper, who was being treated at St. Luke's Regional Medical Center in Sioux City and had less than 30 percent breathing capacity when he died, was felled by flavoring commonly found on microwave popping corn. Kuiper died of so-called 'popcorn lung disease.'The key to Kuiper's demise is a chemical known as diacetyl. While it is generally felt that the chemical poses little threat to consumers, the chemical fumes from diacetyl used in the manufacturing of the flavoring are said to be harmful to factory workers exposed to large quantities of the chemical in the workplace.
Diacetyl has much been in the news since May of 2006 when a worker died of bronchiolitis obliterans, a rare lung condition linked to the chemical. However the risks associated with diacetyl in the workplace go back to 2003, when a study alluded to health risks associated with the chemical.
Diacetyl is used in more than just microwave popping corn. The chemical is used in a variety of consumer products—from potato chips, to cake mixes, cookies and candy. It is not known if any consumers of these products have become sickened from consuming the trace amounts of diacetyl in the food, but there have been no reports.
It's a different story for workers who have to breathe in the stuff.
Ronald Kuiper worked at American Pop Corn Co. for 26 years. For several of those years, he served as a butter flavoring mixer throughout the 1990s.
He was diagnosed with bronchiolitis obliterans in 2006.
Kuiper and his family sued Givaudan Flavors Corporation of Cincinnati, together with 3 other companies that made the popcorn flavoring used at the plant. It is not known if Kuiper found fault with his employer, American Pop Corn Co. for not protecting him from the vapors originating with diacetyl.
The 3 other companies named in the lawsuit—International Flavors & Fragrances Inc. of New York, Flavors of North America Inc. of Carol Stream, Ill., and Sensient Flavors Inc. of Indianapolis all settled out of court before the case went to trial. However, it appeared that Givaudan elected to go to trial and jurors, after 6 days of deliberation, ruled against Givaudan.
Kuiper, described as a solid citizen and a hard worker, was relegated to using a scooter as his condition worsened. At one time he appeared briefly at his trial to testify, but was soon excused due to his deteriorating health. His attorney observed, sadly that he appeared to be showing signs of improvement just before he died.
He would have been cheered by the verdict, but he did not live long enough to see it.
The plaintiff's attorney indicated that the Kuiper lawsuit was not an isolated incident. He indicated that five popcorn-lung cases are set to go to trial in Iowa in July, with 300 more pending nationwide.
Verdicts in other cases have been as high as $20 million.
