Ethylene Oxide Lawsuit [2026 Update] | Ethylene Oxide Exposure Claims

November 26th, 2025: Ethylene Oxide Lawsuit Targets Cumulative Air Pollution in West Virginia

A lawsuit filed in Kanawha County, West Virginia, alleges that prolonged ethylene oxide (EtO) emissions from multiple industrial sites created a dangerous concentration of cancer-causing air pollution in the Kanawha Valley.

EtO is a known human carcinogen used in chemical manufacturing and medical sterilization.

The suit is brought on behalf of residents like Cathy Flint, who developed incurable cancer after decades of living less than 500 feet from a permitted chemical plant.

Plaintiffs argue that while each facility may have individually complied with EPA limits, the cumulative impact of all emissions has significantly elevated cancer risks in the area, up to 300 cases per 1 million, far beyond the EPA’s acceptable threshold of 1-in-1 million.

Defendants, including Union Carbide and over a dozen other companies and institutions, deny liability, citing compliance with prevailing safety standards and asserting they cannot be held responsible for emissions from other entities.

The case is ongoing, with over 20,000 pages of legal documents already filed.

Plaintiffs seek to compel regulators to consider cumulative emissions in air quality assessments and require real-time monitoring for EtO exposure.

November 18th, 2025: Ethylene Oxide Insurance Disputes Reach Illinois Supreme Court Over Pollution Exclusion

The Illinois Supreme Court is reviewing whether ethylene oxide emissions permitted under state environmental laws should be exempt from “pollution exclusions” in commercial general liability (CGL) insurance policies.

The case stems from Sterigenics and its former parent company, Griffith Foods’ request for $150 million in insurance coverage for defense costs arising from hundreds of lawsuits tied to emissions from their Willowbrook, Illinois, sterilization facility.

At issue is whether emissions authorized by state permits still constitute “traditional environmental pollution” under Illinois law.

Sterigenics argues that legally permitted emissions fall outside the policy’s pollution exclusion, citing the Illinois Environmental Protection Act, which does not define regulated emissions as pollution.

Attorneys for Sterigenics claim the company’s medical device sterilization operations were “pro-social” and fully cleared by the Illinois EPA.

They maintain that the exclusion should not apply when the government explicitly authorizes emissions.

In contrast, National Union Fire Insurance Co. contends that the pollution exclusion clearly bars coverage for toxic gas discharges, regardless of whether permitting is required.

They warn that accepting Sterigenics’ argument would effectively nullify pollution exclusions across the industry, since most industrial polluters operate under some form of regulation.

The Seventh Circuit referred the case to the Illinois high court for guidance, citing ambiguity in how prior case law applies.

The outcome may set a national precedent on whether regulatory permits override standard pollution exclusions in insurance policies.

The case is Griffith Foods International Inc. et al. v. National Union Fire Insurance Co. of Pittsburgh, Pa., No. 131710, in the Supreme Court of Illinois.

November 3rd, 2025: Georgia Appeals Court Revives Sterigenics Toxic Emissions Suits Over Expert Testimony

The Georgia Court of Appeals has vacated a lower court ruling that dismissed eight bellwether toxic tort suits alleging harmful emissions from the Sterigenics sterilization plant in Smyrna caused cancer and birth defects.

The appellate panel found the trial court misapplied the Eleventh Circuit’s standard for expert testimony in toxic exposure cases under McClain v. Metabolife International, Inc., using a “third way” test not recognized by federal precedent.

According to the ruling, the trial court improperly excluded two experts who testified that exposure to “above background” levels of ethylene oxide could increase cancer and birth defect risks.

The appellate judges clarified that McClain requires courts to classify toxins into one of two categories (those widely accepted as harmful and those requiring rigorous proof of general causation) rather than creating new evidentiary standards.

The panel ordered the case back to the trial court to determine which category ethylene oxide falls under and to reassess the reliability of the experts’ methodologies, including whether causation can be shown through epidemiological or background-risk evidence.

The lawsuits, brought by residents near the Smyrna plant, accuse Sterigenics and its parent company Sotera Health LLC of releasing ethylene oxide emissions over decades, allegedly causing cancers and birth defects in nearby communities.

The appellate decision reopens the door for plaintiffs to present expert evidence at trial, marking a key procedural victory in one of Georgia’s most closely watched environmental contamination cases.

TorHoerman Law is actively accepting new clients for the EtO exposure cases near the Sterigenics facility in Smyrna/Atlanta.

Reach out to us for a free consultation.

Use the chat feature on this page to find out if you qualify and to speak with our team of ethylene oxide exposure lawyers.

October 28th, 2025: Exemptions Undermine Trust in Ethylene Oxide Emission Oversight

Communities near sterilization plants are pushing back after the federal government granted exemptions to new EPA rules meant to cut ethylene oxide (EtO) emissions by 90%.

These waivers include the Sterigenics facility in Smyrna, Georgia—despite the company already meeting the stricter standards.

EtO is a known carcinogen.

For decades, facilities like Sterigenics released it into neighborhoods without public awareness.

In 2018, EPA data flagged the Smyrna area as having one of the nation’s highest cancer risks due to EtO.

Residents organized. Georgia passed state laws requiring more reporting.

But enforcement still relies heavily on company self-reporting.

The state does not conduct regular, independent air testing.

Now, locals are asking: If emissions controls are in place, why seek an exemption? Sterigenics hasn’t answered.

Neither have federal regulators.

October 22nd, 2025: Colorado Adopts First Health-Based Limits on Ethylene Oxide and Other Air Toxins

Colorado regulators have approved the state’s first health-based air standards for toxic chemicals, including ethylene oxide, formaldehyde, benzene, and hexavalent chromium, marking a significant policy shift toward regulating industrial pollutants linked to cancer and respiratory diseases.

The Air Quality Control Commission voted last week to set exposure limits for five air toxins, after years of pressure from environmental and community groups.

Ethylene oxide, used to sterilize medical devices, has come under increased scrutiny after lawsuits over exposure in Lakewood, where emissions from Terumo Blood and Cell Technologies were linked to higher cancer risks.

While advocates praised the decision as a “solid first step,” they criticized the commissioners for lowering some non-cancer risk levels in response to lobbying from industry groups.

The Colorado Department of Public Health and Environment will spend the next six months developing enforcement protocols and determining how to incorporate the new caps into air permits for affected facilities.

The commission’s standards, which align with a one-in-a-million lifetime cancer risk threshold, will now be submitted to the legislature for approval in December.

Formal emission control rules are expected to be finalized by April 2026, making Colorado one of the first states to set enforceable limits on ethylene oxide and similar toxic air pollutants.

October 21, 2025: Hundreds of Covington Residents Sue BD Over Decades of Ethylene Oxide Emissions

In Covington, Georgia, over 300 residents have filed lawsuits against Becton Dickinson and Company (BD Bard), claiming that decades of ethylene oxide (EtO) emissions from the company’s sterilization plant led to widespread cancer in nearby neighborhoods.

The facility, located less than a mile from homes, schools, and a community baseball field, has been operating in Covington for over 50 years.

Plaintiffs, including several well-known community figures, claim BD’s EtO emissions exposed thousands to unsafe levels of the carcinogenic gas, resulting in diagnoses of breast cancer, lymphoma, and leukemia.

Their attorney, Michael Geoffroy, previously secured a $20 million jury verdict for Covington truck driver Gary Walker, whose non-Hodgkin lymphoma was linked to occupational EtO exposure.

BD is appealing that verdict.

The lawsuits allege BD failed to regulate emissions and safeguard the community, despite evidence that the plant’s EtO levels have significantly surpassed federal safety standards for decades.

BD states it operates safely and that recent upgrades capture over 97 percent of emissions.

Trial dates for the Covington cases are scheduled to start next year.

The litigation represents one of the most notable community actions regarding exposure to EtO to date.

It could establish the tone for similar claims arising in other parts of Georgia and nationwide.

October 20, 2025: El Paso Residents Confront Ethylene Oxide Exposure Concerns Linked to Cardinal Health Warehouses

El Paso residents are growing increasingly concerned about toxic emissions from Cardinal Health’s medical product warehouses, following a recent Grist investigation that found ethylene oxide (EtO) levels near the facilities may surpass federal safety limits.

Modeling indicated that nearly 90% of El Paso’s population could face a cancer risk exceeding the EPA’s target of one in a million, with residents living closest to the warehouses facing risks as high as one in 5,000.

Former warehouse worker “Maria,” now 33, was diagnosed with stage 3 triple-negative breast cancer nearly ten years after working at the Cardinal facility.

Without any family history or genetic predisposition, she only learned about the potential EtO exposure after reading the Grist report.

Experts note her diagnosis matches known results of long-term ethylene oxide exposure, though direct causation cannot yet be confirmed.

Residents living near the warehouses on John Phelan Drive report experiencing ongoing dizziness, headaches, and respiratory problems, which heighten concerns about ambient EtO emissions.

Environmental health researchers state that even small, long-term exposures can increase cancer risk, and current state emission standards might fall behind recent toxicology findings.

Cardinal Health has not yet responded to requests for comment.

Texas regulators assert that the company’s operations meet both state and federal air quality standards.

Meanwhile, recent federal efforts to tighten EtO emission controls have stalled under the Trump administration, which granted sterilization facilities a two-year compliance extension, citing economic concerns.

As federal oversight weakens, communities like El Paso join a growing list of areas questioning whether unregulated emissions from sterilization and warehouse operations silently endanger public health.

September 24, 2025: Colorado Adopts New Air Toxics Standards, but Enforcement Timeline Remains Unclear

The Colorado Air Quality Control Commission has established the state’s first health-based exposure limit for ethylene oxide, a chemical commonly used in commercial sterilization and long linked to an increased cancer risk.

The benchmark aims to limit long-term exposure to a level regulators say should reduce cancer risk to one in a million people.

Despite the importance of the new standard, advocates criticized the commission for setting lower thresholds for ethylene oxide’s non-cancer health effects, aligning with proposals supported by business groups.

Environmental groups argued the decision leaves frontline communities, many near sterilization facilities, without proper protections.

The rule will not take effect for at least a year while awaiting legislative approval, and Colorado has yet to specify how the new ethylene oxide limits will be enforced through permitting or monitoring.

September 15, 2025: Fourth Circuit Expands Standing for Medical Monitoring Claims

On August 18, 2025, the U.S. Court of Appeals for the Fourth Circuit revived a dismissed ethylene oxide (EtO) exposure lawsuit in Sommerville v. Union Carbide Corp.

The panel majority ruled that the plaintiff could proceed with a medical monitoring claim without showing a present physical illness.

The court held that the injury consisted of the EtO exposure itself and the current financial burden of medical testing required to monitor for cancer and other illnesses.

The case involves allegations that Union Carbide Corporation and Covestro LLC emitted EtO from a facility in South Charleston, West Virginia, exposing surrounding residents.

The District Court for the Southern District of West Virginia previously dismissed the case for lack of Article III standing, holding that the plaintiff’s increased risk of cancer was too speculative to qualify as a present injury.

The Fourth Circuit reversed, emphasizing that exposure to a toxic substance and the need for ongoing diagnostic testing constitute present, concrete harms.

The court compared the plaintiff’s claims to asbestos exposure cases, where courts have allowed recovery for medical monitoring.

The majority distinguished the case from TransUnion LLC v. Ramirez, in which future harm was insufficient to establish standing, by framing the exposure and testing costs as current injuries, Chief Judge Diaz dissented, arguing that the ruling contradicts both Supreme Court precedent and prior Fourth Circuit rulings, including Beck v. McDonald, which rejected claims based on the cost of monitoring speculative future harm.

The decision also addressed expert testimony.

The district court excluded the plaintiff’s air modeling expert under Daubert due to concerns about unreliable data and unsupported assumptions.

The Fourth Circuit reversed, ruling that such disputes concern credibility for the jury rather than admissibility. This interpretation weakens the gatekeeping role of trial courts in toxic tort cases.

If the ruling stands, plaintiffs may rely on minor exposures and medical monitoring costs to establish standing, which could broaden the scope of toxic tort litigation.

August 29, 2025: Investigation Into Cancer Risks Near Fort Myers Ethylene Oxide Plant

Concerns over toxic emissions from the American Contract Systems (ACS) facility in South Fort Myers have prompted investigations into potential cancer risks for nearby residents and workers.

The facility, which uses ethylene oxide to sterilize medical equipment, has been linked to increased risks of cancers such as thyroid cancer and lymphoma among individuals living or working within a five-mile radius since 2011.

Ethylene oxide is classified by the U.S. Environmental Protection Agency (EPA) as a human carcinogen.

The EPA first identified potential risks from the facility’s emissions in 2023.

In response, ACS installed new air-cleaning technology designed to capture nearly all emissions.

By December 2024, an EPA inspection concluded that the lifetime cancer risk from emissions had dropped below the agency’s threshold of concern, defined as less than 100 in one million.

Despite these improvements, residents continue to raise concerns about past exposure, particularly prior to the installation of emissions-control equipment.

Investigations are ongoing to determine whether individuals who lived or worked near the facility during earlier periods of higher emissions may be entitled to pursue legal claims.

Future litigation could focus on allegations of wrongful exposure, negligence, or failure to warn.

August 6, 2025: New Study Reveals Decades of Occupational Ethylene Oxide Overexposure in U.S. Workplaces

A new peer-reviewed study published in the American Journal of Industrial Medicine highlights persistent occupational overexposure to ethylene oxide (EtO) in U.S. workplaces.

Analyzing over 40 years of OSHA sampling data (1979–2020), researchers found that 46% of personal air samples collected from workers exceeded the NIOSH recommended exposure limit of 0.1 ppm.

Additionally, 18% of samples surpassed OSHA’s permissible exposure limit of 1 ppm.

The industrial sterilization sector recorded the highest levels of occupational exposure.

Approximately 70% of samples from this industry exceeded the NIOSH limit, and the sector showed minimal improvement in exposure reductions over time.

While overall workplace exposure to EtO has decreased since the 1980s, the study emphasizes wide disparities across industries.

Chemical manufacturing and health services were among the sectors with little to no post-2000 exposure data, raising concerns about underreporting and gaps in ongoing occupational health surveillance.

Given that EtO is a known human carcinogen, the study reinforces the need for updated occupational exposure monitoring and more vigorous enforcement in high-risk industries.

July 28th, 2025: EtO Lawsuits Targets Eastman Chemical Over Long-Term Cancer Risks in Texas Community

A federal lawsuit has been filed against Eastman Chemical Company, alleging that years of excessive ethylene oxide (EtO) emissions from its Longview, Texas, facility caused severe health consequences for local residents, including multiple breast cancer diagnoses.

The 30-page complaint, lodged in the U.S. District Court for the Eastern District of Texas, includes claims from six individuals, four of whom have developed breast cancer.

Plaintiffs argue they were unknowingly exposed to harmful levels of EtO, a toxic, odorless gas used in chemical manufacturing, while living, working, or spending significant time within miles of the industrial plant.

EtO has been classified as a “probable human carcinogen” by the U.S. Environmental Protection Agency (EPA) since 2016.

In 2018, the EPA specifically flagged the Longview area as having potentially elevated cancer risks due to emissions from the Eastman site.

According to the complaint, Eastman self-reported discharging over 565,000 pounds of EtO into the surrounding environment by 2022.

The lawsuit accuses Eastman of two counts of negligence for failing to prevent or mitigate dangerous emissions and one count of loss of consortium, brought by spouses of affected plaintiffs who claim their lives have also been harmed by the health consequences endured by their partners.

July 21st, 2025: EPA Ethylene Oxide Rules Blocked Despite Cancer Risk Findings

Newly uncovered documents reveal that executive administration officials blocked and revised crucial EPA warnings about the cancer risks associated with ethylene oxide, thereby delaying stricter regulations for commercial sterilizers.

The move benefited companies like Sterigenics, despite internal EPA scientists urging swift regulatory action to protect communities near sterilization facilities.

A congressional investigation released on July 18, 2024, reports that political appointees in the White House and EPA suppressed a 2020 proposal to regulate ethylene oxide emissions under the Clean Air Act.

The rule would have required commercial sterilizers to cut emissions by 80% and notify nearby residents of health risks.

After the White House Office of Information and Regulatory Affairs (OIRA) intervened, the EPA withdrew the proposed rule in its entirety.

Internal documents reveal officials altered or softened language describing ethylene oxide as “cancer-causing” and removed notices about increased cancer risks in dozens of U.S. communities.

The delay allowed industry use of the chemical with limited oversight for years, during which lawsuits over ethylene oxide exposure increased nationwide.

The findings are relevant to ongoing ethylene oxide litigation, where plaintiffs claim that long-term exposure caused cancer and other serious illnesses.

The delay in EPA regulations—and evidence of political interference—may bolster claims that companies and regulators failed to safeguard the public despite knowing the risks.

July 17th, 2025: Air Tests Reveal EtO Levels Far Above EPA Limits

New air testing in multiple U.S. communities reveals ethylene oxide (EtO) levels much higher than previously reported by the EPA, with some readings reaching hundreds of times above the agency’s cancer risk threshold.

The Spotlight on America team collaborated with the Southwest Research Institute and utilized a mobile air lab to perform real-time monitoring near sterilization facilities.

In one Illinois neighborhood, EtO levels hit 92,000 nanograms per cubic meter—more than 300 times the EPA’s concern threshold.

The findings further undermine the trustworthiness of government air modeling, a key issue in EtO exposure lawsuits.

Plaintiffs claim that long-term exposure to EtO from medical sterilization facilities caused cancer and other serious health issues.

The new data may reinforce claims that residents were unknowingly exposed to harmful levels of EtO due to underreported emissions and insufficient federal oversight.

July 15th, 2025: Administration Weighs Pollution Exemptions in Potential Regulatory Rollbacks

Federal regulators are currently reviewing plans to allow exemptions from stringent emissions limits under the HON (Hazardous Organic NESHAP) rule, which would affect chemical plants emitting ethylene oxide (EtO) and other toxins.

The rule targets severe pollution sources and aims to reduce cancer risks for over 10 million Americans, particularly in communities near petrochemical facilities.

These proposed exemptions would permit companies to delay installation of pollution controls if compliance is deemed technologically or economically unfeasible—decisions the White House would approve.

Though specific approvals haven’t been announced, such exemptions could dramatically weaken protections for facilities known for repeated violations.

Ethylene oxide is a known carcinogen linked to blood and breast cancers and poses significant threats to communities near emitting plants.

A recent EPA analysis indicates that workers exposed to EtO in medical sterilization face up to a 1-in-10 cancer risk.

Critics warn that loosening the HON rule could lead to persistent and increased EtO exposure, especially among vulnerable populations, reversing recent public health gains.

July 14th, 2025: Delaware Bill Hikes Pollution Fines, Sends Funds to Affected Communities

Delaware lawmakers approved a bill last week that raises fines for environmental violations and directs those funds to communities within two miles of the pollution source.

The legislation, which is awaiting the governor’s signature, grants the state’s Department of Natural Resources and Environmental Control (DNREC) expanded authority to enforce penalties, including the power to appeal Environmental Appeals Board decisions on chronic violators.

The bill increases daily fines by up to $30,000 for certain violations, some of which hadn’t been revised in over 50 years, and creates a community-focused fund that prioritizes impacted neighborhoods over statewide initiatives.

Residents near facilities like Croda Inc.’s Atlas Point plant and the Delaware City Refinery, both with histories of violations, say the new measures are a long-overdue step toward accountability and health protections.

Environmental advocates argue that previous fines were too low to deter chronic polluters, causing DNREC to focus more on compliance than enforcement because of high appeal costs.

The Delaware State Chamber of Commerce opposed the bill, warning of increased liability and insurance costs related to what they called unjustified penalty hikes.

June 25th, 2025: Ethylene Oxide Exposure in North Carolina

Communities across North Carolina are being unknowingly exposed to toxic ethylene oxide used to sterilize medical equipment.

A recent WRAL investigation found five warehouses in North Carolina storing EtO-sterilized products, including one in Four Oaks, only 1,100 feet away from residential homes.

These facilities, operated by Becton Dickinson, Owens & Minor, and Medline, continue to face minimal regulation despite releasing ethylene oxide, a recognized human carcinogen associated with breast cancer and non-Hodgkin lymphoma, even at very low exposure levels.

Unlike sterilization plants, off-site storage warehouses are not regulated by federal EtO emissions standards.

North Carolina currently does not track emissions from sterilized products, and the EPA has not yet proposed regulations to fill this gap.

Residents living near the Four Oaks warehouse have demanded greater transparency and air quality monitoring, citing health concerns for vulnerable populations.

TorHoerman Law is currently examining medical sterilization facilities across multiple states that could have exposed workers and local communities to ethylene oxide.

Our firm has a trial set for 2026 in a case concerning an individual diagnosed with cancer following long-term exposure to EtO emissions from a medical sterilization facility in the Atlanta region.

June 10th, 2025: Steris Agrees to $48 Million Settlement in Illinois Ethylene Oxide Lawsuits

Just a few months ago, a major medical sterilization company, Steris Corporation, agreed to pay up to $48.15 million to resolve a wave of personal injury claims tied to emissions of ethylene oxide (EtO) from its former sterilization facility in Waukegan, Illinois.

The settlement, reached through its Isomedix subsidiary, aims to resolve nearly all pending lawsuits in Cook County Circuit Court involving claims of cancer and other health issues linked to EtO exposure.

The deal, disclosed in a March 2025 securities filing, comes after mounting legal and regulatory scrutiny surrounding EtO, a carcinogenic gas used to sterilize approximately half of all medical devices in the U.S.

The plaintiffs allege that emissions from the Waukegan site endangered public health between 2005 and 2008, when Steris operated the facility.

While Steris emphasized that the agreement does not admit liability or concede that emissions posed a safety risk, it agreed to the payout to resolve the cases efficiently.

The company stated it will record the settlement as a charge in its fiscal 2025 earnings but exclude it from adjusted earnings metrics.

The first EtO lawsuit against Steris ended in a mistrial earlier this year.

Now, the proposed settlement is pending court approval and hinges on a substantial majority of plaintiffs opting in.

Should those conditions not be met, Isomedix retains the right to withdraw from the agreement and continue defending itself in court.

The Environmental Protection Agency has flagged multiple EtO sterilization facilities nationwide as high cancer risk sites.

In response, it has tightened emission regulations, while medical device manufacturers and sterilization companies work to adopt safer alternatives, such as vaporized hydrogen peroxide.

Steris remains one of the world’s largest medical device sterilization providers through its Applied Sterilization Technologies unit, which absorbed the Isomedix brand.

May 21, 2025: Judge Orders Retrial on Punitive Damages in $20M Ethylene Oxide Verdict Against C.R. Bard.

A Georgia judge has declared a mistrial regarding punitive damages in a lawsuit that recently concluded with a $20 million compensatory award against C.R. Bard.

After a juror admitted they went along with the group without personally agreeing with the decision, the retrial will focus solely on punitive damages.

This retrial aims to hold Bard accountable for its alleged reckless disregard for public health at its sterilization plant in Covington, GA.

Plaintiff Gary Walker, a longtime resident near the facility and a former delivery driver for the site, developed non-Hodgkin’s lymphoma after prolonged exposure to ethylene oxide.

The jury initially awarded $50 million in punitive damages, but that amount was voided after the juror disclosed it.

Judge Emily Brantley confirmed that a new trial will be held to determine whether Bard should be held financially responsible beyond compensatory damages.

Under Georgia law, jurors must find intent or conscious indifference to award punitive damages; however, juries are not informed about statutory caps.

A statutory cap is a legal limit on how much money someone can receive in a lawsuit, often used to restrict payouts for things like pain and suffering or punitive damages.

Walker’s case is part of a larger trend of litigation related to toxic ethylene oxide emissions from medical sterilization facilities.

In March 2024, the EPA issued updated safety standards that included continuous emissions monitoring and more stringent controls on sterilization equipment.

Despite calls for safer alternatives, the gas continues to be widely used in the U.S. medical supply chain.

May 16th, 2025: TorHoerman Law Preparing for March 2026 Sterigenics Trial in Cobb County, Georgia

TorHoerman Law will take a Sterigenics Ethylene Oxide Exposure case to trial in Atlanta, Georgia, in March 2026.

The case involves allegations that Sterigenics, a medical sterilization company, released ethylene oxide (EtO), a known carcinogen, into the air surrounding its facility in Cobb County.

The plaintiff in the upcoming trial is a Cobb County resident who lived near the facility and was unknowingly exposed to EtO emissions over the course of several years.

The lawsuit alleges that Sterigenics failed to install proper environmental controls or emission scrubbers and vented EtO directly into a residential community.

EtO has been recognized for decades as a cancer-causing chemical.

The facility’s emissions reportedly continued without proper mitigation until within the last five years.

The lawsuit claims that Sterigenics did not notify the public of the potential dangers until after external scrutiny forced disclosure.

There were no town halls, mailers, or other efforts to inform residents prior to litigation.

Eligible claimants may include individuals who lived in the affected areas of Cobb County and later developed cancer or other serious illnesses linked to EtO exposure.

This case is part of a broader national effort to hold Sterigenics accountable for environmental contamination and resulting injuries in multiple communities.

May 2nd, 2025: Georgia Jury Awards $20M in First EtO Verdict Against C.R. Bard

A Georgia jury awarded $20 million on Friday to Gary Walker, a retired truck driver who claimed that exposure to ethylene oxide(EtO) from C.R. Bard’s Covington plant caused his lymphoma.

The jury found Bard liable for negligence and nuisance, concluding that punitive damages are warranted.

Thus, a second trial phase will begin on Monday, May 19.

Walker, now in remission, lived about 1.5 miles from the C.R. Bard facility starting in 1991 and made regular deliveries to the plant until retiring in 1999.

He was diagnosed with lymphoma in 2017 at the age of 68 and underwent ten rounds of chemotherapy along with a stem-cell transplant.

Walker’s legal team presented internal and regulatory documents showing that Bard had declined to implement emissions controls for decades, despite warnings from regulators and its EtO supplier, Union Carbide.

Jurors were presented with a 1985 memo from Georgia environmental officials stating that Bard “does not want to control its emissions at this time.”

In closing arguments, plaintiffs’ counsel Lindsay Forlines argued that Bard had “devices for control available” but “refused to employ them.”

The defense argued that Walker’s cancer was unrelated and stated that “no doctor ever told him that EtO had anything to do with his cancer,” according to closing statements by Eric Rumanek of Troutman Pepper Locke LLP.

This is the first EtO exposure case in Georgia to result in a plaintiff verdict, which may indicate considerable liability for Bard.

The punitive damages phase will resume on Monday, May 19, before Judge Emily Brantley.

April 16th, 2025: Georgia Jury Hears Claims C.R. Bard Exposed Resident to Toxic Gas for Decades

On Tuesday, a Georgia jury began hearing claims that C.R. Bard’s medical sterilization plant in Covington exposed a resident to ethylene oxide (EtO) emissions for nearly 50 years, allegedly resulting in his cancer diagnosis.

Plaintiff Gary Walker, a retired truck driver, alleges that he developed non-Hodgkin lymphoma due to repeated occupational and residential exposure to EtO.

His attorneys informed jurors that the plant emitted nearly 10 million pounds of gas from 1970 to 2017, operated without emissions controls until 1990, and disregarded warnings from regulators and its EtO supplier, Union Carbide.

They presented a 1985 memo from Georgia officials stating that Bard “does not want to control its emissions at this time.”

Bard denies the claims and contends that Walker’s cancer resulted from a spontaneous genetic mutation unrelated to EtO.

The company adheres to regulatory standards and has implemented safety measures as federal requirements have evolved.

Defense counsel highlighted EtO’s role in sterilizing over half of all U.S. medical devices and referenced Bard’s use of safety monitoring and pollution controls.

This case marks the first exposure to ethylene oxide in Georgia to be presented before a jury.

Similar litigation is occurring in other states, following recent defense verdicts in Colorado and Pennsylvania.

March 24th, 2025: Steris Agrees to $48 Million Settlement in Illinois Ethylene Oxide Lawsuits

Steris Corporation has agreed to pay up to $48.15 million to resolve a wave of personal injury claims tied to emissions of ethylene oxide (EtO) from its former sterilization facility in Waukegan, Illinois.

The settlement, reached through its Isomedix subsidiary, aims to resolve nearly all pending lawsuits in Cook County Circuit Court involving claims of cancer and other health issues linked to EtO exposure.

The deal, disclosed in a March 2025 securities filing, comes after mounting legal and regulatory scrutiny surrounding EtO, a carcinogenic gas used to sterilize approximately half of all medical devices in the U.S.

The plaintiffs allege that emissions from the Waukegan site endangered public health between 2005 and 2008, when Steris operated the facility.

While Steris emphasized that the agreement does not admit liability or concede that emissions posed a safety risk, it agreed to the payout to resolve the cases efficiently.

The company stated it will record the settlement as a charge in its fiscal 2025 earnings but exclude it from adjusted earnings metrics.

The first EtO lawsuit against Steris ended in a mistrial earlier this year.

Now, the proposed settlement is pending court approval and hinges on a substantial majority of plaintiffs opting in.

Should those conditions not be met, Isomedix retains the right to withdraw from the agreement and continue defending itself in court.

The Environmental Protection Agency has flagged multiple EtO sterilization facilities nationwide as high cancer risk sites.

In response, it has tightened emission regulations, while medical device manufacturers and sterilization companies work to adopt safer alternatives, such as vaporized hydrogen peroxide.

Steris remains one of the world’s largest medical device sterilization providers through its Applied Sterilization Technologies unit, which absorbed the Isomedix brand.

February 18th, 2025: Confidential Settlement Reached in Ethylene Oxide Cancer Lawsuits Against B. Braun

Braun, a German medical device manufacturer, has reached a confidential settlement to resolve the majority of lawsuits alleging that emissions from its Lehigh County, Pennsylvania facility exposed residents to toxic levels of ethylene oxide, a gas linked to cancer and neurological damage.

Dozens of lawsuits had been filed by local residents claiming that emissions from the plant caused elevated cancer risks and other serious health effects.

The plaintiffs alleged that long-term exposure to ethylene oxide—a chemical used to sterilize medical equipment—led to increased diagnoses of breast cancer, lymphoma, and other illnesses.

Though the company denies wrongdoing, B. Braun confirmed the settlement this week and stated that it will continue defending itself against any remaining claims. Details of the settlement remain confidential.

In response to the litigation and public health concerns, B. Braun noted that it installed a new emission control system in 2020 that reduced ethylene oxide emissions by more than 99.9%.

The move was made voluntarily and went beyond regulatory requirements, the company said.

The settlement comes amid a broader national reckoning over ethylene oxide use.

In March 2024, the EPA issued stricter rules for commercial sterilization facilities, including continuous air monitoring and limits on emissions during equipment start-up and shutdown.

These rules apply to approximately 90 sterilization facilities across the U.S.

The lawsuits against B. Braun are part of a growing wave of litigation targeting medical sterilization companies.

In 2023, Sterigenics agreed to a $408 million settlement over similar ethylene oxide exposure claims in Illinois, Georgia, and Michigan. Another company, Steris, is currently facing hundreds of similar lawsuits.

Although ethylene oxide is still used to sterilize about half of all U.S. medical equipment, advocates and health experts continue to call for safer alternatives.

The outcome of these cases—and increasing public scrutiny—may pressure both manufacturers and regulators to accelerate the transition to safer sterilization technologies.

May 22nd 2024: Sterigenics to Pay $35M in Atlanta Ethylene Oxide Settlement

Sterigenics and its parent company, Sotera Health, have agreed to a $35 million settlement to resolve a group of lawsuits alleging that emissions from the company’s Cobb County, Georgia facility caused cancer and other serious health problems.

The deal marks a pivotal moment in the growing wave of ethylene oxide litigation across the state.

The lead plaintiff in the settled case developed leukemia at the age of 20 after living for 13 years near the Sterigenics medical sterilization plant.

Filed in 2020, the plaintiff’s lawsuit argued that prolonged exposure to airborne ethylene oxide—a known carcinogen—was the likely cause of his illness.

Ethylene oxide is used to sterilize medical equipment due to its DNA-disrupting properties, but those same properties are linked to cancer in humans.

According to the CDC and NIH, the compound is associated with heightened risks of leukemia, lymphoma, and other cancers through inhalation and environmental exposure.

The plaintiff’s lawsuit, one of the first in Georgia targeting Sterigenics’ emissions, paved the way for broader legal scrutiny.

The plaintiff is now in remission and recently completed his degree from the University of Utah.

Under the terms of the conditional settlement, all plaintiffs involved must agree for the deal to take effect.

While Sterigenics and Sotera deny any wrongdoing or liability, they agreed to the payout to resolve the claims and avoid ongoing litigation.

This settlement does not resolve all outstanding legal challenges.

The companies intend to continue defending against additional personal injury and property value lawsuits, including upcoming hearings scheduled for October 2024 that will examine general causation evidence.

The $35 million agreement may influence the trajectory of other ethylene oxide cases in Georgia and nationwide, particularly as plaintiffs argue that emissions from sterilization plants pose an unacceptable public health risk.

April 9th, 2024: The EPA Finalized a Rule to Reduce Emissions of EtO

The EPA’s Final Rule for the Synthetic Organic Chemical Manufacturing Industry (SOCMI) and polymer and resin manufacturing sectors aims to drastically reduce emissions of hazardous air pollutants, especially ethylene oxide (EtO) and chloroprene, which are both known human carcinogens.

Key Highlights of the Final Rule:

• Emission Reductions: The rule is expected to cut EtO emissions by nearly 54 tons per year and chloroprene emissions by nearly 14 tons per year, achieving an 80% reduction from covered equipment and processes. ​
• Health Impact: Implementation of the rule is projected to reduce air toxics-related cancer risks by 96% for communities near the affected chemical plants.
• Additional Benefits: Beyond reducing hazardous air pollutants, the rule will also decrease emissions of smog-forming volatile organic compounds (VOCs) by over 23,000 tons annually. ​

Monitoring Requirements: Facilities will be required to conduct fenceline monitoring for specific air toxics, including EtO and chloroprene, with the data made publicly accessible to inform and protect nearby communities.

February 29th, 2024: The EPA Finalizes New Ethylene Oxide Safety Rules Amid Public Health Outcry and Industry Pushback

After years of mounting scientific evidence and growing public alarm, the U.S. Environmental Protection Agency (EPA) is finalizing its first major update in over a decade to safety rules governing ethylene oxide (EtO)—a toxic gas linked to cancer that is used to sterilize about 50% of all medical devices in the United States.

The final rule, expected to be released by the March 1 court-ordered deadline, will establish stricter emissions limits for commercial sterilization facilities and enhanced worker safety protocols for those routinely exposed to EtO.

Mounting Health Concerns Drive Urgency

The move follows an EPA 2016 risk assessment that found EtO to be far more carcinogenic than previously understood.

The gas, already recognized by the CDC and NIH as a human carcinogen, is linked to breast cancer, non-Hodgkin lymphoma, and leukemia, among others.

Children and those living near sterilizing plants are particularly vulnerable.

Communities across the U.S., including in Laredo, TX, Covington, GA, and suburban Chicago, have rallied against nearby sterilization plants after learning they had been exposed to dangerous levels of the gas for decades—often without warning. Lawsuits and protests have followed.

One high-profile case in Georgia recently resulted in a $35 million settlement from Sterigenics and parent company Sotera, while another in Illinois awarded $363 million to a breast cancer survivor.

Stricter Rules, But Gaps Remain

The finalized EPA rule is expected to include:

• Tighter emissions standards for sterilization facilities
• 18-month compliance deadlines
• Stronger safety requirements for on-site workers

However, critics say the rule falls short by not requiring air monitoring around facilities or addressing EtO emissions from off-site warehouses, where sterilized products continue to off-gas.

Industry Pushback and FDA Concerns

While environmental and public health advocates view the rule as long overdue, industry groups warn of disruption.

The Advanced Medical Technology Association (AdvaMed) says companies could face over $500 million in compliance costs, potentially slowing sterilization workflows and impacting medical device availability.

The FDA has expressed concern, warning that overly restrictive rules could hinder access to essential medical supplies.

Ethylene oxide is still considered the most reliable method for sterilizing complex devices, and alternatives like steam, radiation, or hydrogen peroxide vapor are not always viable.