Ethylene Oxide Emission Cancer Lawsuit Lawyers

Residents Seek Justice for Health Impacts Linked to Exposure to Ethylene Oxide Emissions

Cathy Flint had lived in her Charleston, West Virginia neighborhood for nearly 30 years without questioning the safety of the nearby chemical manufacturing plants. That changed one spring day in 2023 when her neighbor handed her a letter. The letter included a questionnaire asking residents if they had experienced health issues, including cancer, due to exposure to ethylene oxide — a gas released by the nearby plants and linked to various cancers by federal agencies.

Flint, diagnosed with multiple myeloma five years ago, suddenly found herself questioning if her incurable cancer could be connected to the gas emissions. The plants, one of which was less than 750 feet from her home, had been a constant presence in her life, and she had assumed they were safe. Her diagnosis, coupled with the new information, painted a different picture.

This realization led Flint to file a lawsuit in Kanawha County Circuit Court against Dow Chemical’s Union Carbide subsidiary and other companies involved in the production, storage, and transportation of ethylene oxide. Her lawsuit alleges that these companies’ “dangerous, negligent, harmful and reckless emission of ethylene oxide gas” caused high concentrations of the gas in the area, resulting in her multiple myeloma and other health issues among residents.

Ethylene oxide is an odorless, colorless gas widely used to sterilize medical equipment. Despite its utility, it poses significant health risks, including an increased likelihood of developing cancers such as multiple myeloma. Flint’s case is part of a growing number of lawsuits against companies releasing ethylene oxide, with plaintiffs claiming the gas has caused various health issues, including cancers and neurological conditions like Parkinson’s disease.

Union Carbide Corp. maintains that their facilities comply with all permits and have reduced ethylene oxide emissions to “below their already safe levels.” However, environmental attorney Stuart Calwell, representing Flint, argues that the public has been inadequately informed about the risks of living near these plants. He stresses that companies should be held accountable for any hazardous emissions that escape from their facilities.

The Environmental Protection Agency (EPA) has also faced legal challenges over its handling of ethylene oxide emissions. Environmental groups argue that a March update to national emissions standards falls short of protecting residents from cancer-causing pollutants. The EPA’s current standards aim to limit lifetime cancer risk to 1 in 1 million people, but the cancer risk in Flint’s neighborhood was 300 in 1 million as of 2020, significantly higher than the national standard.

The impact of ethylene oxide exposure is deeply personal for many residents. Kelly McCown, who grew up on the same block as Flint, has battled polycystic ovary syndrome, kidney stones, and other cysts. Her doctors suggested she move due to potential health risks from nearby chemical plants. McCown is now in the process of filing her lawsuit, echoing Flint’s concerns.

Harm and Legal Recourse for Victims

Ethylene oxide exposure can lead to severe health issues, ranging from various cancers to neurological disorders. Victims like Flint and McCown suffer not only from physical ailments but also from the emotional and financial strain of managing their conditions. The realization that their suffering may be linked to nearby industrial activities only adds to their distress.

Victims can seek damages through toxic tort lawsuits. These lawsuits can help cover medical expenses, lost wages, pain and suffering, and other related costs. The lawsuit process begins with an initial consultation with an attorney, who will assess the case’s viability. If the case proceeds, the attorney files a complaint, gathers evidence, and may negotiate a settlement. If a settlement cannot be reached, the case may go to trial.

Legal representation is crucial in these cases. An experienced attorney can navigate the complexities of product liability law, ensuring that victims’ rights are protected and that they receive the compensation they deserve. The attorney handles all aspects of the case, from filing paperwork to negotiating settlements and representing the client in court.