As we have note in prior posts, the Biden administration and the EPA have been emphasizing environmental justice, including a stronger focus on the negative health effects of Ethylene Oxide (EtO), an industrial solvent widely used as a sterilizing agent for medical...
David Goldman
Ethylene Oxide: Key Decision From Delaware Supreme Court
In 2021, we discussed how a Delaware federal court weighed in as to whether or not Delaware tort law recognized a viable cause of action based on fear of cancer resulting from Ethylene Oxide (EtO) emissions (holding that it did not). In that decision, Judge Stephanos...
Proposed Consent Decree – EPA & Ethylene Oxide Emissions
As previously discussed in our recent reports, the Biden administration and the EPA have been emphasizing environmental justice, which includes a focus on Ethylene Oxide (EtO), an industrial solvent widely used as a sterilizing agent for medical equipment that cannot...
EPA Gets Tougher On Ethylene Oxide Exposure Regulations – What Does This Mean For Your Company or Insured?
As we have noted in prior postings, the Biden administration and the EPA have been relatively aggressive in emphasizing their focus on pursuing environmental justice, which is a notable departure from the priorities of the Trump administration. Increasingly, the...
Is the Sterigenics Settlement The First of Many Ethylene Oxide Settlements or is it Aberrational?
As discussed in prior postings, a number of companies across the country convert ethylene oxide into a gas in order to sterilize medical equipment and supplies (as well as other items). One such company, Sterigenics, operated a large facility, Willowbook, in Illinois...
EPA Feeling The Heat For Dragging Its Feet on Ethylene Oxide Standards
As we’ve noted in prior reports, environmental groups have long been frustrated with the EPA and its failure to modify its air pollution regulations with respect to medical sterilization plants that utilize and emit Ethylene Oxide (EtO). The EPA last updated its EtO...
Ethylene Oxide Defense Verdict Causes Ripple Effects
In September, we reported on the first Ethylene Oxide (EtO) trial, which resulted in a $363 million verdict for a plaintiff who alleged that her breast cancer was caused by excessive exposure to EtO from a nearby facility. In that case, a Cook County (Illinois) jury...
Ethylene Oxide Litigation Sees Major Ruling Out of Georgia
We recently reported on the first Ethylene Oxide (EtO) verdict which resulted in a $363 million award to an Illinois plaintiff who alleged she developed cancer as the result of emissions from a medical sterilization facility in that state. Just a few days after the...
EPA Under Fire For Overdue Ethylene Oxide Regulations
As we noted in our last report, on September 19, 2022, a Cook County (Illinois) jury awarded $363 million to a plaintiff who alleged that she developed breast cancer as a result of ethylene oxide emissions from the Sterigenics Willowbrook plant. This was the first...
Ethylene Oxide Verdict First of Its Kind, and It’s Eye Opening!
Our prior reports discussed when an ethylene oxide case would go to verdict, and what the ensuing result would look like. We no longer need to speculate. On September 19, 2022, a Cook County (Illinois) jury awarded $363 million to a plaintiff who alleged that she...