Ethylene Oxide/Sterigenics Updates

Articles Posted in Ethylene Oxide

Sterigenics-2-300x192Attorney Shawn Collins, founder and partner of The Collins Law Firm in Naperville, Illinois, was instrumental in forging a $408 million settlement of the cancer claims of more than 800 plaintiffs in In re Willowbrook Ethylene Oxide Litigation, venued in Illinois State Court (Cook County). The claims arose after a federal government report announced in 2018 for the first time that a sterilization plant in Willowbrook, IL–operated by Sterigenics, LLC, and its predecessors–had been emitting a chemical known as ethylene oxide 24 hours a day into the residential community’s air for more than 30 years. Once it left the Sterigenics’ plant, the colorless, odorless ethylene oxide silently migrated a great distance, exposing people in homes, workplaces, and schools.

Ethylene oxide is widely used in the sterilization of medical devices and other items. It has been classified as a known human carcinogen by the International Agency for Research on Cancer (IARC) and the US Environmental Protection Agency (USEPA). It is especially dangerous to children.

Until the release of the government’s 2018 report, the residents of the Willowbrook area had never been told that such a dangerous chemical was infiltrating their community on a daily basis, or indeed at all. The more than 800 plaintiffs in the litigation were typically those who had been breathing the ethylene oxide—unknowingly—for years. After years of inhalation, most were then diagnosed with breast cancer, or lymphoma or leukemia—the cancers most strongly associated in medical studies with exposure to ethylene oxide.

Top-Verdict-2022-TiktokWe are proud to announce that our $363 million verdict in Kamuda v. Sterigenics U.S. LLC, et al., was named the number one jury verdict in Illinois in ALL practice areas in 2022 by Top Verdict. In addition, this verdict was the second highest personal injury verdict in the entire United States and the number 10 verdict in ALL practice areas in the U.S. in 2022, according to Top Verdict. Congratulations to Collins Law partners Shawn Collins and Edward Manzke and associate Margaret Galka for their work on the trial team that secured justice in this important environmental toxic tort case.

Amount of Verdict: $363,000,000, including $325 million in punitive damages and $38 million in compensatory damages.

Attorneys: Patrick A. Salvi II, Lance D. Northcutt, Jennifer M. Cascio of Salvi Schostok & Pritchard PC; Shawn M. Collins, Margaret Galka of The Collins Law Firm, PC; Scott A. Entin, Roisin Duffy‐Gideon, Deanna N. Pihos of Miner Barnhill & Galland PC

high-angle-shot-of-suburban-neighborhood-1546168-1024x576Last week, the EPA’s Inspector General issued a report slamming his own agency for failing to alert Americans living near plants using a chemical known as ethylene oxide (EtO) that their health is in danger because EtO is such a potent cancer-causer. The report concludes that:  “The EPA needs to inform residents who live near facilities with significant [EtO] emissions about their elevated estimated cancer risks so they can manage their health risks.”   

A bit of background:  In 2016, the EPA finally joined other health agencies in classifying EtO as “known” to cause cancer in humans–specifically breast cancer, lymphomas, and leukemias.  In fact, the EPA found that EtO is 30 times more dangerous to human health than the agency had previously recognized.  Case in point:  for the community of Willowbrook, IL, a Chicago suburb, EtO concentrations measured in 2018 testing resulted in a cancer risk 6,400 times the 1 in 1 million risk that the EPA considers “acceptable”.  I and other lawyers represent dozens of Willowbrook area residents who have filed lawsuits claiming that exposure to EtO emitted for decades by a local plant known as “Sterigenics” caused their, or a deceased loved one’s, cancer.  

With this 2016 finding, the EPA had committed to warning the residents living near the nation’s 25 plants using ethylene oxide.  These residents are in danger because, after the EtO is used in those plants to kill bacteria during the process of sterilizing medical equipment, the potentially lethal chemical is then released from the plant through vents or stacks (and sometimes doors and windows), where air currents often push it into the nearby homes, school, churches, parks, and businesses of adjacent residential communities. 

Shawn-3-Copy-300x177Yesterday, lawyers for the plaintiffs in the cases against Sterigenics held a press conference to expose what we have recently learned about the apparent attempts of Sterigenics and its corporate owners to make it more difficult for our clients who prove their cases to receive just compensation.  As we detail in our newest court filing (and as summarized below), in the two years since the federal government in 2016 concluded that ethylene oxide is 30 times more potent of a carcinogen than previously believed, Sterigenics and its owners have taken $1.3 billion in cash out of the company, put it in their own pockets, and replaced it with money borrowed from banks.  The effect of this is to put company cash and other assets out of reach of plaintiffs who prove that Sterigenics caused their cancers.

Rest assured:  we will expose this behavior, get to the bottom of it, and hold Sterigenics accountable in court for anything they have done here that is unlawful.  We will bring this behavior before the Judge and jury, and demand justice—which includes just compensation for our clients who prove their cases.

This past Friday, we filed an amended complaint adding new allegations to our lawsuits. The new allegations are as follows:

CBS-Hinsdale-storyThe Collins Law Firm has filed a lawsuit on behalf of six former teachers at Hinsdale South High School who have been stricken with cancer. The lawsuit claims that the teachers’ cancer was caused by their exposure to Sterigenics’ ethylene oxide during the time they worked at Hinsdale South. Moreover, attorney Shawn Collins, claims that Sterigenics knew that their emissions could cause health risks to neighbors before they began operating. For coverage of the national news story on CBS, click on the link below:

https://www.cbsnews.com/video/illinois-sterilizing-plant-caused-cancer-lawsuit-claims/

 

 

ethylene-oxide-300x208“The announcement that Sterigenics has decided not to reopen its Willowbrook facility, while a victory for the people fighting Sterigenics’ unsafe ethylene oxide emissions, is also a sad reminder that it should never have been allowed to operate there in the first place. For years, Sterigenics spewed its cancer-causing chemical into a neighborhood filled with schoolchildren, teachers, moms, and dads who had no idea they were ever in danger. Dozens of lawsuits filed against the company claim that Sterigenics’ chemical emissions gave them cancer or, even worse, caused the death of a family member. I hope news of the company’s closing is of some solace to them, and that no community will ever again be treated as callously as they were.”

Sterigenics-300x202“I am disgusted, but not surprised, by the Illinois EPA’s decision to grant Sterigenics a permit to reopen. This is the same state agency that, in 1984, gave the operator of the Willowbrook plant a permit to emit ethylene oxide into the local community in quantities that the state knew posed an unacceptable cancer risk to local residents.

 With this latest permit issuance, Illinois has proved once again why it cannot be trusted to protect its citizens.  It seems more interested in protecting Sterigenics’ right to make a profit.

For many years, Sterigenics has spewed a very dangerous carcinogen into a residential community.  It never warned the people who live and work there. Children.  Parents. Students. Teachers. Youth sports team players and coaches. Workers in the local shops. It never gave them a chance to protect themselves.  By these actions, Sterigenics forfeited its right to operate here.

yasmeen-1-300x206The Collins Law Firm has filed a lawsuit against Sterigenics alleging that its client, 16-year-old Yasmeen Harrison, has battled cancer for most of her young life because of Sterigenics’ ethylene oxide emissions. According to the lawsuit, Sterigenics knowingly emitted “massive and unnecessary amounts of ethylene oxide, an invisible, odorless carcinogen” into neighboring communities, including Willowbrook, Burr Ridge, and Darien, starting in 1985 and continuing through 2019. As a result, residents like Yasmeen and her family, who lived, worked and attended school in those communities were “exposed to an unacceptably high level of ethylene oxide and therefore exposed to an unacceptably high risk of cancer”, said attorney Shawn Collins. Moreover, Sterigenics ignored an IL EPA engineer’s 1984 letter alerting them to the cancer risk associated with ethylene oxide exposure and forged ahead with the facility without warning neighbors of the danger.

The lawsuit, filed in the Circuit Court of Cook County, was brought on behalf of Yasmeen Harrison, who was diagnosed in 2005 with acute lymphoblastic leukemia (ALL) as a toddler. But that was just the beginning of her arduous journey. After a brief period in remission, the cancer returned in 2007. To combat this recurrence, Yasmeen-4-216x300Yasmeen underwent a bone marrow transplant, but then contracted another cancer—myelodysplastic syndrome– in 2009. After a second bone marrow transplant and rocky recovery, things seemed to be looking up, when it was discovered in 2017 that Yasmeen had yet another cancer. This time it was kidney cancer.  Surgery followed and today that cancer is in remission. The lawsuit alleges that Yasmeen’s exposure to Sterigenics’ ethylene oxide as an infant, as well as her mother’s exposure while pregnant, contributed to her cancer.

“Helping people like Yasmeen who have been irreparably harmed by the reckless and wrongful conduct of polluters is the reason we practice law. We believe that the lawsuits we are filing will bring justice to Yasmeen, her family, and the other families who are suffering from devastating illnesses. Yasmeen has been so brave and tenacious throughout her long battle; it is now time for us to take up the mantle and fight for her.” said Shawn Collins, partner at The Collins Law Firm.

SterigenicsThe Collins Law Firm has filed eleven lawsuits against Sterigenics alleging their clients contracted cancer after being exposed to Sterigenics’ ethylene oxide emissions for years. According to the lawsuits, Sterigenics knowingly emitted the cancer-causing gas starting in 1985 and continuing through 2019. As a result, residents who lived or worked in the nearby communities, including Willowbrook, Burr Ridge, and Darien, were exposed to a carcinogen that raised their cancer risk many times above the national average, according to a government report. Moreover, Sterigenics operated their facility without apparent concern for the health of nearby residents and without warning them of the potential danger.

“Our law firm is dedicated to protecting people from reckless and wrongful conduct by corporate polluters. It is our expectation that these lawsuits will bring justice to these families whose lives have been devastated by catastrophic illness. We also hope that, when Sterigenics’ behavior over the years is exposed publicly through our lawsuits, the State of Illinois will finally shut the company down permanently.” said Shawn Collins, partner at The Collins Law Firm.

The lawsuits, filed in the Circuit Court of Cook County on Monday, are brought on behalf of our clients who have suffered from or lost a loved one to, breast cancer, multiple myeloma, Non-Hodgkin’s lymphoma, leukemia, and T cell lymphoma. All of the plaintiffs lived for a number of years within close proximity to the Sterigenics plant in Willowbrook, Illinois. This plant, which emitted ethylene oxide for years, is within a mile of 20,000 people and four schools.

The Sterigenics facility in Willowbrook, IL has been using ethylene oxide (EtO), a known human carcinogen, to sterilize medical and other equipment since the 1980s. Recently, the U.S. EPA and the Village of Willowbrook tested the air around the Sterigenics facility and found alarming amounts of this chemical in the air near schools and other locations by the facility. These dangerous EtO levels prompted Illinois EPA to issue a Seal Order that shut down sterilization operations and the use of EtO at Sterigenics on February 15, 2019. Sterigenics has not been permitted to use or emit EtO since.

willowbrook-protest-225x300After the Seal Order was issued, the community and their elected officials did not rest. They continued to fight to ensure that EtO cannot bring any more harm to their neighborhood or to other neighborhoods across Illinois. As a result of their advocacy, the Illinois Legislature passed Senate Bill 1852, which went into effect on June 21, 2019. This new law is known as the Matt Haller Act and was named in honor of a 45-year-old Willowbrook resident who passed away earlier this year from stomach cancer. Haller had lived approximately 1 mile from the Sterigenics plant and advocated for its closure. The Matt Haller Act is purported to impose the strongest restrictions on ethylene oxide use in the nation.

Despite the Matt Haller Act, the Seal Order, and the community’s fight to live in an EtO-free environment, Sterigenics has not stopped pushing to emit more carcinogenic EtO into the community’s air. Just days after Governor Pritzker signed the Matt Haller Act, Sterigenics asked Illinois EPA for a construction permit which would allow it to operate and use EtO under new conditions, such as a taller emissions stack. Sterigenics filed this construction permit application on June 24, 2019.

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