Many facilities emit various chemicals to sterilize medical equipment. While these chemicals may serve an important purpose, if they’re not handled properly, the toxic air fumes can affect those working in or living near the facility.
One of these chemicals, Ethylene Oxide (EtO), is a sterilizing agent used when creating other products, most commonly in a sterilization facility. Frequent exposure to this human carcinogen can cause severe short- and long-term health impacts.
Additionally, exposure to these toxic chemicals may extend further than previously believed. The effects of exposure to Ethylene Oxide may extend beyond the facility, also impacting nearby residents.
If you or a loved one lived or worked near sterilization facilities and later developed cancer, you may be entitled to compensation. Rosenfeld Injury Lawyers has extensive experience in handling environmental law cases, including Ethylene Oxide litigation. We are here to help you protect your rights.
What Is Ethylene Oxide?
Ethylene Oxide (EtO) is a flammable gas used to produce other chemicals or to sterilize medical equipment. Its colorful appearance and minimal sweet odor can make it difficult to identify.
Sterilization facilities all over the United States use EtO in large volumes. Proper protective gear should be worn when handling and exposed to EtO. Otherwise, EtO exposure can have severe consequences, including life-risking conditions. It is an extremely dangerous human carcinogen that can lead to elevated cancer risk.
What Impact Does Ethylene Oxide Exposure Have on Your Health?
EtO emissions can have both short- and long-term health impacts.
Short-term, Ethylene Oxide can cause the following:
- Central nervous system depression
- Eye irritation
- Mucous membrane irritation
- Nausea or vomiting
Long-term Ethylene Oxide exposure can lead to more permanent, longer-lasting consequences, including the following:
- Brain damage
- Lung damage
- Memory loss
- Infertility
- An increased risk of developing cancer
The U.S. Environmental Protection Agency (EPA) claims that frequent exposure to EtO can increase your risk of breast cancer and non-Hodgkin lymphoma. In August 2022, the EPA also discovered that EtO emissions from commercial sterilizers contribute to an increased risk of cancer development in those who live in nearby communities [1].
One of the biggest problems of Ethylene Oxide exposure is that some people may not even realize they have been exposed. EtO facilities are often in rural, low-income, or non-English-speaking communities. Those who have developed breast cancer or other types of cancer may not even be aware that they’re in regions with high Ethylene Oxide emissions [2].
Liability for Injuries Caused By Ethylene Oxide Emissions
The manufacturing plant is usually liable when EtO harms workers or nearby residents. Ethylene Oxide cancer can affect workers if they’re not given proper protective equipment. Nearby residents may also be impacted if the sterilization facility doesn’t follow the proper ventilation protocols or EPA usage guidelines.
Determining liability is an important part of an EtO lawsuit. Rosenfeld Injury Lawyers has decades of experience in helping those with breast cancer or other life-impacting conditions following high EtO toxicity. As one of the best law firms handling personal injury cases, we can help narrow down liability to ensure a successful claim.
Proving Negligence for Ethylene Oxide Injuries
Proving negligence is an important part of an Ethylene Oxide exposure lawsuit and will typically include the following four elements:
- Duty of care: The first element in an EtO exposure lawsuit is proving a legal duty of care existed. Plant facilities owe employees and those living in the nearby area a standard of care.
- Breach of duty of care: A successful claim also shows proof of a breach of duty of care, usually in the form of negligence. This might include failing to test air emissions or lacking employee safety training.
- Causation: It’s also necessary to prove that the responsible party’s negligence directly caused the injury.
- Actual damages: To qualify for a lawsuit, there must be provable damages that can be compensated. High EtO levels can cause residents to develop cancer, which leads to medical bills, treatment costs, and lost wages, all of which are considered compensable costs.
Why You Need a Lawyer for an Ethylene Oxide Cancer Lawsuit
Navigating dangerous chemical lawsuits can be difficult. Toxic tort law requires strict standards of proof, which is a good reason to work with an Ethylene Oxide cancer lawyer. Here’s how the best law firms handle such cases.
Investigation
An investigation of your case will help strengthen your claim. You want to prove, beyond a reasonable doubt, that the facility is responsible for your diagnosis. Our legal team will conduct an in-depth investigation to ensure fair compensation.
Negotiation
Our lawyers also handle all negotiations on your behalf. We’ll work closely with the insurance companies to fight for a fair settlement. This also includes calculating your damages before heading into negotiations to ensure we accurately predict your case’s value.
Trial
Insurance negotiations don’t always go as planned. When they don’t, you need a legal team on your side ready to take your case to trial. Our legal team is prepared to represent you in court, ensuring you receive the funds you need.
Compensation for Ethylene Oxide Exposure Victims
High exposure to EtO can lead to many expenses, which can be compensated through a personal injury claim.
Economic
Economic damages are the financial costs incurred through high EtO exposure. This might include the following:
- Lost wages
- Medical bills
- Treatment costs
- Diminished earning capacity
- Funeral or burial expenses
Non-Economic
Non-economic damages are the psychological or non-financial costs involved in a claim, such as:
- Pain and suffering
- Loss of enjoyment
- Loss of companionship
- Mental suffering
The amount a victim receives varies significantly depending on exposure and health impacts. However, previous EtO cases have led to significant payouts. One of the most well-known EtO lawsuits in history is the Sterigenics Sterilization facility case, which led to updated EPA regulations.
Statute of Limitations for Ethylene Oxide Claims
EtO lawsuits fall under toxic tort laws, which means those injured have just two years from the discovery of the disease to file a lawsuit. However, this time limit has exceptions, varies by state, and it may be shorter or longer for some injured victims, depending on case details.
Contacting a premises liability lawyer as quickly as possible is important to explore your options before the time limit runs out.
What to Do If You’re Exposed to Ethylene Oxide
The United States has strengthened controls for facilities emitting EtO [3]. However, that doesn’t help those who have already been exposed and those who have suffered life-changing consequences.
Additionally, it may not completely rid the risks of those exposed to the dangerous chemical. If exposed to Ethylene Oxide, it’s important to take immediate action using the following steps.
Get Medical Attention
Exposure to toxic chemicals, like Ethylene Oxide, can be incredibly dangerous and often requires medical attention. Some of the short-term effects of toxic substances can be mitigated if you receive treatment quickly enough. Longer-term consequences, like increased cancer risks, may not be reversible, but seeking medical attention on time can allow for faster treatment.
Collect Evidence
EtO litigation requires sufficient proof and evidence. Our law firm collects evidence to support your EtO litigation, including medical records, residential leases, test results of nearby sterilization plants, and expert witnesses.
Regulator agencies have already claimed that Ethylene Oxide emissions can increase the chances of contracting cancer, but a claim requires that we show proof of both.
Consult a Lawyer
If you worked or lived near a sterilization facility and were diagnosed with cancer or another related condition, you may have a case. Rosenfeld Injury Lawyers work with victims and their families to build a case and fight for justice.
Contact Rosenfeld Injury Lawyers for Your Ethylene Oxide Claim!
Regulatory agencies are continually testing and learning more about Ethylene Oxide. However, multiple studies have found that those with frequent exposure to Ethylene Oxide, either through work or living near a facility, are at an increased risk of certain health effects, including cancer.
Rosenfeld Injury Lawyers is the trusted legal advocate you need when facing the complexities of Ethylene Oxide lawsuits. With years of experience in environmental law and a proven track record in securing compensation for those affected by toxic chemical exposure, our team is committed to fighting for justice on your behalf.
Call our law firm at (888) 424-5757 or fill in our online contact form.
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Resources: [1] EPA, [2] Union of Concerned Scientists, [3] Union of Concerned Scientists,
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