I would say that since I received mine (as well as some other people), it's not a scam. As someone in our group pointed out, if this were a scam, he would have taken the money and ran back in November, rather than leading people along for 2-3 months. And it certainly seems like the Joyetech recall is legitimate.
That being said, personally, my frustrations stemmed from how he was handling people's requests and concerns. He was not timely about returning text messages; he came up with far-fetched stories and excuses that seemed to contradict themselves a day later; and when you did get a response, he made it seem like your concern or frustration were unreasonable or coming out of nowhere. I did get one text message right before he sent my package that was contrite and apologetic, but that certainly wasn't his attitude in previous text messages. I don't know his situation, so I was trying to be understanding, but the stall tactics and attitude just rubbed me the wrong way and just ended up adding to the frustration.
So in my opinion, I do think you will get your eVic, but I would suggest that you stay vigilant about communicating with him and getting updates (and take those updates with a grain of salt).
Best of luck.