Ethylene Oxide/Sterigenics Updates

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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.

classroom-2-300x200PCBs – the common term for polychlorinated biphenyls – are toxic manufacturing compounds that do not occur in nature and have been linked to various health problems with the liver, thyroid, skin, and eyes. Moreover, they have been classified as probable human carcinogens by the EPA and the International Agency for Research on Cancer (IARC), based on animals studies that provided conclusive evidence that PCBs cause cancer. And they are commonly found in light ballasts and building materials in schools. 

 PCBs were manufactured by Monsanto for use in a multitude of products, from floor finishers and oil paints, to caulk, carbonless copy paper, and the ballast contained in fluorescent lights. They are nonflammable, chemically stable, and excellent electrical insulators, making them convenient and versatile in the manufacturing process. However, the price for these manufacturing conveniences – the disastrous consequences they can have on health – is far too steep to pay, and in 1979, they were effectively banned by the U.S. government. But this should have been only the first step – and the next steps have been slow in coming. 

The health threats posed by products containing PCBs didn’t disappear with the manufacturing ban. PCBs have very slow decomposition rates and retain their toxicity even in very low concentrations. Animals that ingest them can then pass them up the food chain and contaminate an entire ecosystem. And this isn’t even touching on schools – where testing consistently turns up high concentrations of PCBs. 

The greatest enduring threat to the residents of East Palestine is contaminated groundwater. Fast remediation — and not empty political assurances — can solve the problem. 

Aerial_view_Norfolk_Southern_freight_train_derailment_Feb_2023The director of Ohio’s Department of Health sought to assure East Palestine residents of their safety by remarking that the cancer-causing solvents from the derailment now in the town are no cause for concern, because these chemicals are already “a part of our everyday life.”

What a terribly callous, ignorant, thing for a health official to say. Just because there were some carcinogens in East Palestine before the train derailment does not excuse Norfolk Southern  dumping tens of thousands of pounds more of them onto the small town.  Plus—and the director should know this—where it comes to carcinogens, there is no such thing as a safe level.  That means that every bit dumped by Norfolk adds to the town’s danger.

baby-g98cb63cde_1920-300x195On September 23rd, 2021, the Boppy Company issued a voluntary recall of 3.3 million baby loungers after eight infants suffocated while sleeping on the pillow between 2015 and 2020. The three baby loungers being recalled are:

  • Boppy Original Newborn Loungers
  • Boppy Preferred Newborn Loungers

Sunscreen-300x240Johnson & Johnson is recalling all lots of five NEUTROGENA and AVEENO sunscreens due to internal testing which found low levels of benzene in some samples of the products. The recalled sunscreen products are packaged in aerosol cans and were sold nationwide. Consumers should stop using the products and follow the instructions below.

The sunscreens affected by the recall are the following aerosol products:

  • NEUTROGENA Beach Defense aerosol sunscreen,

Blog-photo-Pool-300x200Summer is just around the corner, and with the new season comes beautiful weather, swimming, boating, summer sports, recreation, and unfortunately but inevitably, accidents. From swimming pool accidents to sports injuries, summer is full of activities that can cause injuries. It is important to be aware of these hazards if you want to keep yourself and your loved ones safe this summer.

Common Types of Accidents During the Summer Months

 Certain accidents occur more commonly during the summer than at other times of the year. Here are some eye-opening statistics on the most common summer accidents.

rosary-699609_1920-300x200Sadly, the Diocese of Joliet is in the news again, this time for a failure to protect minors from a man who had been a teacher at multiple Catholic schools in the diocese. Jeremy Hylka, a teacher, father, and former youth minister, has been charged by Joliet police with child sex crimes. Specifically, Mr. Hylka is charged with grooming and traveling to meet a child.

The police issued a warrant for Mr. Hylka after they became aware of a Snapchat video, posted by an independent group called Saving Our Siblings, that showed the teacher meeting with a boy he believed to be 15 years old at a McDonald’s allegedly to engage in inappropriate sexual conduct. After realizing he had been caught in a setup, Mr. Hylka attempted to flee the McDonald’s on foot. The “minor” involved also turned over social media and text messages allegedly showing Mr. Hylka engaging in other inappropriate conduct. According to police, Mr. Hylka had solicited the boy for sex on the internet.

As a result, Mr. Hylka has been fired from his positions at Saint Joseph Catholic School in Lockport, Saint Paul the Apostle Catholic Church, and the Cathedral of Saint Raymond Nonnatus in Joliet on April 28, and the diocese has prohibited him from working or volunteering for any diocesan school or parish.

baby-food-1-300x300Baby food has been facing some much-needed scrutiny lately. A recently released Congressional report disclosed that many top baby foods, both organic and non-organic, are contaminated with dangerous levels of heavy metals such as arsenic, cadmium, lead, and mercury. This is especially concerning since both the World Health Organization and the FDA have concluded that these heavy metals pose a danger to human health, and to babies and children in particular.

The findings are the result of a year-long investigation by the House Committee on Oversight and Reform into heavy metals in baby food. Launched after a 2019 study by Healthy Babies Bright Futures found toxic metals in 95% of the baby food they tested, the Congressional investigation asked top baby food companies to voluntarily produce information about their testing policies and test results. Four companies responded to this request: Gerber, Beech-Nut, Hain, and Nurture. The Hain products are labeled as ‘Earth’s Best Organic’ and the Nurture products are labeled as ‘HappyBABY’. Three other companies—Walmart, Sprout Organic, and Campbell–did not cooperate, according to the Congressional report.

The responses to the Congressional inquiry revealed a major problem: all of the companies had used ingredients containing heavy metals in their baby food. Not only that, but the companies had routinely ignored their own standards for toxic metals, continuing to sell tainted baby food to families. And most of the companies had failed to test their finished baby food products for toxic metals, despite an industry admission that testing only the ingredients might underestimate the amount of heavy metals in the finished product. Below are the some of the results included in the Congressional report. (Keep in mind that these numbers are from the companies’ own test results, not results from an independent lab.)

law-books-291676_1920-300x225Depositions are an enormously useful and important resource and typically the most effective way for parties to obtain information necessary for trial. Illinois rules provide for two types of depositions: discovery depositions and evidence depositions. See Ill. So. Ct. R. 202. Illinois is unique in that it is the only state that recognizes two different types of depositions. Understanding the distinction between the two is important in litigating a case and preserving the ability to introduce certain evidence at trial. While both are designed to elicit relevant evidence, the scope of what is relevant, and ultimately what is proper to ask, differs between the two types of depositions.

Discovery depositions are used for the purpose of exploring the facts that are not only relevant to the case, but also will lead to the discovery of additional evidence. In this regard, the scope and manner of questioning in discovery depositions is given great latitude. Conversely, evidence depositions are used for the purpose of preserving evidence for trial. The questioning in an evidence deposition is limited by the rules of evidence. As a result, the scope of inquiry in a discovery deposition is broader than the questioning allowed in an evidence deposition. In practical terms, the initial deposition of a witness normally will be a discovery deposition given the wider scope of inquiry afforded. Discovery depositions are usually less formal than their counterpart. Counsel participating in an evidence deposition should treat it as if he or she were at trial.

A party electing to conduct a deposition must specify in the notice or subpoena served on the witness whether the deposition will be a discovery deposition or evidence deposition. Absent a specification, the deposition will proceed for discovery purposes only. Because the type of deposition dictates the scope of questioning and what will ultimately be admissible at trial, it is important that parties understand the significance in specifying the type of deposition he or she intends to take.

snow-3916172_1920-300x200Winter is a time many people look forward to every year. It can be beautiful outside and cozy inside, with warm nights spent by the fire with good food and better company. However, getting to those warm nights can be a slippery slope. Snow, ice, and sleet can make for a disastrous day when it comes to driving.

Seventy percent of the roads and the population in the United States are in snowy regions and 17% of all crashes occur during winter weather. Research done by AAA’s Foundation for Traffic Safety shows that almost half a million crashes and 2,000 road deaths are caused every year by poor road conditions or bad weather conditions in the United States. With scary statistics like that, it is important to take as many precautions as possible to keep yourself safe during these bad weather months. So, we’ve compiled a list of do’s and don’ts to help you avoid a serious winter car accident.

Do:

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