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Jury awards $363M verdict in Sterigenics ethylene oxide lawsuit

September 19, 2022 By Jim Hammerand

A map showing ethylene oxide emissions near the Sterigenics plant in Willowbrook, Illinois

Illinois officials halted operations at the Sterigenics facility in Willowbrook, Illinois, after analysis of ethylene oxide (EtO) emissions found potential cancer risks for neighbors. [Image courtesy of the EPA Air and Radiation Division, Region 5]

An Illinois jury has awarded $363 million in a lawsuit that blamed a Sterigenics sterilization facility’s emissions of ethylene oxide for a woman’s breast cancer and her son’s non-Hodgkin’s lymphoma.

It’s the first verdict in hundreds of lawsuits against Oak Brook, Illinois-based Sterigenics, which permanently closed the Willowbrook, Illinois facility in 2019 after state officials halted operations due to high emissions of ethylene oxide (EtO).

RELATED: Sterigenics competitor’s stock downgraded as analysts expect lawyers to seek more EtO lawsuits

The verdict included $38 million in compensatory damages and $325 million in punitive damages, the Chicago Tribune reported. The Cook County jury decided Sterigenics should pay $220 million, parent company Sotera Health should pay $100 million and Griffith Foods — which built the plant — should pay $5 million.

More about EtO and the Sterigenics ethylene oxide lawsuit

EtO gas is the most commonly used sterilization method for medical devices for to its ability to permeate packaging at relatively low temperatures and kill bacteria and viruses that could cause life-threatening infections. But the FDA is working with the industry on safer ways to use EtO and alternative means of sterilization due to the toxic chemical’s cancer risk, particularly blood cancers and breast cancer.

RELATED: EPA flags high-cancer-risk EtO sterilization facilities across the country

Susan Kamuda, the woman who won the verdict against Sterigenics, said during the five-week trial that her family had no history of cancer and that she didn’t know the facility was releasing toxic emissions.

After learning of the chemical exposures, residents and leaders of the suburban Chicago community fought to close the plant and filed personal-injury and wrongful-death lawsuits against Sterigenics and parent company Sotera Health. They later accused the companies of moving money around to minimize potential legal payouts.

PREVIOUSLY: Sterigenics failed to report EtO emissions to EPA, report says

Sterigenics provided a statement to Medical Design & Outsourcing on Monday.

“We do not believe the jury verdict in this matter reflects the evidence presented in court. Sterigenics is evaluating the verdict and plans to challenge this decision through all appropriate processes, including appeals. We will continue to vigorously defend against allegations about our ethylene oxide operations and emissions. We remain committed to our mission of safeguarding global health. As we have consistently done throughout our history, we will continue to operate in compliance with applicable rules and regulations to ensure the safety of our employees, the communities in which we operate and patients around the world.”

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