Time’s Running Out: Ethylene Oxide Lawsuit Statute of Limitations Explained

Time’s Running Out: Ethylene Oxide Lawsuit Statute of Limitations Explained

Did you or a loved one develop cancer after living or working near a facility that uses ethylene oxide? If so, you might be entitled to compensation, but time is running out to file a claim. Understanding the ethylene oxide lawsuit statute of limitations is crucial to protecting your legal rights. Recent EtO litigation has resulted in major victories for victims, including a $363 million verdict for a single plaintiff and a $408 million settlement for hundreds of claimants against Sterigenics in Illinois [1].

What is Ethylene Oxide?

Ethylene oxide (EtO) is a flammable, colorless gas primarily used to sterilize medical equipment and produce other chemicals, including antifreeze [9, 10]. The EPA classifies ethylene oxide as a known human carcinogen [14]. Studies have linked long-term exposure to EtO to an increased risk of various cancers, including:

  • Non-Hodgkin lymphoma [2, 3, 4, 6, 14]
  • Leukemia [2, 3, 4, 6, 14]
  • Breast cancer [2, 3, 4, 6, 14]
  • Multiple myeloma [2, 3, 6, 14]
  • Lymphocytic leukemia [4]

EtO exposure can also cause short-term health effects such as respiratory irritation, headaches, and nausea [5, 10, 13, 15].

Ethylene Oxide Exposure: Who is at Risk?

Exposure to ethylene oxide can occur in several ways [9]:

  • Occupational Exposure: Workers in sterilization plants, chemical manufacturing facilities, and hospitals are at high risk [1, 7].
  • Environmental Exposure: People living near facilities that emit EtO may be exposed to dangerous levels of the gas [1, 2, 7].
  • Consumer Exposure: The general population may be exposed through tobacco smoke and the use of products sterilized with ethylene oxide, such as medical products and cosmetics [9].

The EPA has identified several areas in the U.S. with sterilizer hotspots, where residents may be exposed to multiple sources of ethylene oxide [19, 20, 22]. These areas include Atlanta, Baltimore, Dallas-Fort Worth, Denver, El Paso, Los Angeles, Minneapolis-St. Paul, Phoenix, Richmond (Va.), San Jose (Calif.), Temecula (Calif.), and Virginia Beach [19].

Understanding the Ethylene Oxide Lawsuit Statute of Limitations

A statute of limitations is a law that sets a deadline for filing a lawsuit [2, 5, 8]. After the statute of limitations has passed, you can no longer file a claim, regardless of the merits of your case [2].

The statute of limitations for ethylene oxide lawsuits varies by state [8]. Most states have time limits ranging from one to six years for filing toxic exposure claims [5]. In California, for example, the statute of limitations is two years from the date you discovered that your illness was caused by exposure to EtO [8].

The Discovery Rule

In many toxic exposure cases, the “discovery rule” applies [5, 18]. This rule states that the statute of limitations begins to run when you knew or reasonably should have known that your illness was caused by exposure to a toxic substance like ethylene oxide [5]. This is important because cancer and other illnesses caused by EtO exposure may take years or even decades to develop [4, 6].

Wrongful Death Claims

If a loved one has died due to cancer caused by ethylene oxide exposure, you may be able to file a wrongful death claim [8, 16]. The statute of limitations for wrongful death cases typically begins on the date of the person’s death [18].

Do You Qualify for an Ethylene Oxide Lawsuit?

Several factors determine whether you are eligible to file an ethylene oxide lawsuit [1, 2, 3, 5]:

  • Exposure History: You must have lived or worked near a facility that emits ethylene oxide for a significant period [1, 3, 5]. Typically, this means living within 1-3 kilometers (approximately 0.6-1.9 miles) of a facility for at least one year [5].
  • Medical Diagnosis: You must have been diagnosed with a qualifying health condition, such as breast cancer, leukemia, lymphoma, or multiple myeloma [1, 3, 5].
  • Timeline: The timing of your diagnosis must align with your exposure period and the latency period for disease development [3, 5].
  • Statute of Limitations: You must file your claim within the applicable statute of limitations in your state [1, 5, 8].

Compensation in Ethylene Oxide Lawsuits

If you are successful in your ethylene oxide lawsuit, you may be entitled to compensation for various damages [1, 16]:

  • Medical Expenses: Compensation for past and future medical bills related to your illness [8, 16].
  • Lost Wages: Reimbursement for lost income due to your illness, as well as any reduction in your future earning capacity [8, 16].
  • Pain and Suffering: Compensation for the physical pain and emotional distress caused by your illness [8, 16].
  • Wrongful Death: In wrongful death cases, family members may be able to recover compensation for funeral and burial costs, emotional distress, and loss of companionship [8, 16].
  • Punitive Damages: If the court finds that the company responsible for the EtO emissions acted negligently or recklessly, you may be awarded punitive damages [8, 16].

Settlement amounts in ethylene oxide lawsuits can vary widely depending on the specific circumstances of the case [2, 18]. However, some recent settlements and verdicts have been substantial [1, 2, 8, 17, 18]:

  • \$408 million: In 2023, Sterigenics agreed to a \$408 million settlement to resolve multiple lawsuits filed by Illinois residents who were exposed to EtO emitted by the company’s facility in Willowbrook [1, 2, 8, 17, 18].
  • \$363 million: In 2022, a plaintiff was awarded \$363 million in a lawsuit that alleged she developed breast cancer after being exposed to EtO from the Willowbrook Sterigenics plant [1, 2, 8, 17, 18].
  • \$20 million: In 2025, a retired truck driver was awarded \$20 million in a personal injury lawsuit against Becton, Dickinson, and Co. after being diagnosed with non-Hodgkin lymphoma due to EtO exposure [2, 18].

Act Now to Protect Your Rights

If you or a loved one has been diagnosed with cancer or another serious illness after exposure to ethylene oxide, it is essential to act quickly. The statute of limitations is running, and you could lose your right to seek compensation if you wait too long [1, 2, 3, 5, 8].

  1. Gather Information: Collect medical records, employment history, and any other documentation that may support your claim [5, 7].
  2. Consult with an Attorney: An experienced ethylene oxide attorney can evaluate your case, explain your legal options, and help you navigate the complex legal process [3, 7].
  3. File Your Claim: Your attorney will help you file your claim within the applicable statute of limitations [5, 7].

Don’t delay. Contact an attorney today to protect your rights and seek the compensation you deserve.