• Login
    • Join
  • Subscribe Free
    • Magazine
    • eNewsletter
    Checkout
    • Magazine
    • News
    • Exclusives
    • Manufacturing
    • Markets
    • Top 10
    • Buyers' Guide
    • Events
    • Microsites
    • More
  • Magazine
  • News
  • Exclusives
  • Manufacturing
  • Markets
  • Top 10
  • Buyers' Guide
  • Events
  • Microsites
  • Current & Past Issues
    Features
    Departments
    Columns
    Editorial
    Digital Edition
    Subscribe Now
    Advertise Now
    Editorial Guidelines
    eNewsletter Archive
    eBook
    Top Features
    Metallic Make Up for Orthopedic Materials

    Infection Control Strategies Offer a Plan of Pathogen Attack

    Multi-Dimensional Approaches to Orthopedic Implant Manufacturing

    Orthopedic Implants Are Fit to Print

    Fitting the Mold of Ortho Device Manufacturing
    Breaking News
    Certifications
    Clinical Trials
    Device Approvals & Patents
    Financial & Deals
    International
    Market Data & Trends
    OEM News
    Orthopedic Innovators
    People
    Product & Service Releases
    Products
    Quality, Recalls & Risk
    Regulatory & Legal
    Supplier & Contract Mfg.
    Live From Shows
    Top News & Features
    Orthobiologics Market to Top $10.3 Billion by 2030

    Artelon Granted U.S. FDA 510(k) Clearance for FlexBand, FlexPatch & FlexBand Plus

    Synergy Spine Solutions Completes Enrollment in IDE Clinical Trial

    Biocomposites Acquires Artoss, Maker of NanoBone Bone Graft Substitute

    Nevro Names Stryker Exec Greg Siller as Chief Commercial Officer
    3-D Printing/Additive Mfg.
    Assembly & Automation
    Biocompatibility & Testing
    Clean Room
    Coatings/Surface Modification
    Contract Manufacturing
    Design
    Extrusion
    Finishing
    Forging & Casting
    Instruments, Cases & Trays
    International/Offshoring
    Laser Processing
    Materials
    Machining & Tooling
    Molding
    Packaging & Sterilization
    Prototyping
    Research & Developement
    Software & Quality
    Staffing, Training & Prof. Dev.
    Supply Chain

    Former BD, J&J Executives Join Acuitive Technologies Board

    Augmedics Debuts New Features, Indications for xvision Platform

    Artelon Closes $20M Series B Funding

    Orthofix Unveils Seven-Year Outcome Data for M6-C Artificial Cervical Disc

    The Silicon Valley Bank Collapse and Its Impact on Compliance
    Biologics
    Bracing/Prosthetics
    Extremities
    Imaging
    Instruments
    Large Joint
    MIS/Robotics
    Spine/Neurology
    Trauma/Sports
    Top Markets
    3D Printing Provides Stepping Stones for New Orthopedic Footwear Innovations

    How Honeywell's Spectra Fiber is Used in Orthopedics, TAVR, and More

    All About Reverse Shoulder Devices: Analyzing the Factors Driving Their Popularity

    Evolution of the Global Orthopedic Biomaterials Market

    Industry Innovation: A Look at Regenerative Medicine in Orthopedics
    Companies
    Categories
    Company Capabilities
    White Papers
    Add New Company
    International Buyers Guide Companies
    Modern Plastics

    Life Science Outsourcing Inc.

    Tiodize

    Braxton Manufacturing

    AV&R
    Industry Events
    Webinars
    • Magazine
      • Current & Past Issues
      • Features
      • Editorial
      • Departments
      • Columns
      • Digital Edition
      • eNewsletter Archive
      • Editorial Guidelines
      • Subscribe Now
      • Advertise Now
      • eBook
    • Breaking News
    • Buyers' Guide
      • Companies
      • Categories
      • Company Capabilities
      • White Papers
      • Add Your Company
    • Manufacturing
      • 3-D Printing/Additive Mfg.
      • Assembly & Automation
      • Biocompatibility & Testing
      • Clean Room
      • Coatings/Surface Modification
      • Contract Manufacturing
      • Design
      • Extrusion
      • Finishing
      • Forging & Casting
      • Instruments, Cases & Trays
      • International/Offshoring
      • Laser Processing
      • Materials
      • Machining & Tooling
      • Molding
      • Packaging & Sterilization
      • Prototyping
      • Research & Developement
      • Software & Quality
      • Staffing, Training & Prof. Dev.
      • Supply Chain
    • Markets
      • Biologics
      • Bracing/Prosthetics
      • Extremities
      • Imaging
      • Instruments
      • Large Joint
      • MIS/Robotics
      • Spine/Neurology
      • Trauma/Sports
    • Top 10
    • Online Exclusives
    • Slideshows
    • Videos
    • Webinars
    • Events
      • Industry Events
    • Live from Show Event
    • About Us
      • About Us
      • Contact Us
      • Privacy Policy
      • Terms of Use
      • Advertise With Us
    Breaking News

    Breast Cancer Survivor Living Near Medical Sterilization Plant Awarded $363M

    Sterigenics vows to appeal the decision.

    Breast Cancer Survivor Living Near Medical Sterilization Plant Awarded $363M
    Michael Barbella, Managing Editor09.22.22
    A Cook County, Ill., jury has awarded $363 million to a breast cancer survivor living less than half a mile from a medical device sterilization plant for more than three decades. 

    The trial was the first of many expected against Sterigenics, which operated a sterilization facility in Willowbrook, Ill., until 2019. There are more than 760 lawsuits pending against Sterigenics in Cook County Circuit Court.

    Sterigenics vowed to appeal the jury's decision.

    “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 process, including appeals," a company spokesman said in a formal statement to ODT. "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.”

    Federal officials began investigating Sterigenics in 2018 after the community surrounding the Willowbrook plant was identified on a national map of health hazards from breathing toxic chemicals. Data reported by the company to the U.S. Environmental Protection Agency showed the Willowbrook census tract was in the 99.9th percentile for cancer risk in the country. The EPA study pointed to Sterigenics’ EtO emissions as a potential cause, prompting public outrage and hundreds of lawsuits against the Willowbrook plant.
     
    The first plaintiff to take the company to trial was Sue Kamuda, now 70, who was diagnosed with breast cancer in 2007 and underwent surgery and several rounds of both chemotherapy and radiation to treat her illness. She is currently in remission. Kamuda and her husband moved to Willowbrook in 1985, less than a year after Sterigenics began operations in the community. During the trial, Kamuda called the day she moved into the home “the happiest day of her life.”
     
    All three of Kamuda’s children attended school within a mile of the plant. Her son, Brian Kamuda, was diagnosed with non-hodgkin’s lymphoma in 2021 and has filed a lawsuit against Sterigenics.
     
    During the trial, which opened on Aug. 18, Kamuda’s attorneys argued Sterigenics (formerly Micro-Biotrol Inc.) knew the risks of using ethylene oxide (EtO) to sterilize medical equipment yet continued to utilize “excessive and unnecessary” amounts of the colorless, odorless carcinogen for decades without warning the community. During their opening statements, the plaintiff’s attorneys showed a video demonstrating how Sterigenics employees would seal products in a room before the gas was released. The gas would then penetrate through boxes, wrapping and other packaging to kill every living microorganism on the products. Before employees could re-enter the sterilization chamber, the poisonous gas would be released from the building and into the community through a vacuum pump. During this process, employees were strictly instructed to wear biohazard gear to protect themselves from the carcinogen.
     
    Kamuda's attorneys also presented the jury with company emails and other documents to demonstrate that Sterigenics executives and former parent company Griffith Foods knew since the early 1980s that EtO exposure posed significant health risks to humans, but the company pushed back on studies and regulatory efforts to maintain profitability.
     
    “They (Sterigenics) did not treat EtO like a carcinogen, they treated it like an ATM,” attorney Patrick A. Salvi II said during trial. “They consistently underplayed their EtO use in reports to regulators so they could fly under the radar and continue making money off this toxic operation. They were paying their executives hundreds of millions of dollars, all while Sue and her neighbors were unknowingly being exposed to this insidious chemical.”
     
    Kamuda has no family history that would make her genetically predisposed to cancer and prior to her diagnosis. She testified that prior to her diagnosis, she was an avid runner who enjoyed running 5Ks with her family. While Kamuda is still active in other ways, she has not resumed running since her illness.
     
    During the trial, a former Sterigenics CEO testified that he knew EtO was dangerous when he stepped into the leadership position in 2011, but never issued directives to tighten up inconsistent emissions controls across Sterigenics’ facilities. He also said the company could have reduced emissions back in the early 2000s. When he left his position as CEO in 2016, the company’s profits had increased from about $94 million to $225 million, which was attributed to the acquisition of other companies and increased sterilization.
     
    It was further alleged Sterigenics and parent company Sotera began funneling $1.3 billion of its assets to investors beginning in 2016, when the unfavorable EPA reports were finalized regarding the potency of ethylene oxide.
     
    Defense attorneys focused their case on the “commonality” of breast cancer and claimed the company was on the cutting edge of technology. They also cited other environmental factors, such as the nearby Kingery Highway, as a potential cause of Kamuda’s cancer. Counsel for Griffith argued they did not participate in the emissions first-hand and they sold Micro-Biotrol by 1999, releasing them of any liability.
     
    “Defense’s argument of the commonality of this illness essentially says that no woman can come to court alleging a chemical exposure caused their cancer. Despite the commonality, you cannot deny that EtO has been linked to breast cancer,” Salvi II said in rebuttal, citing multiple scientific studies on the dangers of EtO.
     
    Closing arguments were delivered on Sept. 15 before the Honorable Marguerite Quinn. On Sept. 19, the jury returned their verdict, awarding Kamuda $363 million—including $38 million in compensatory damages and $325 million in punitive damages. The verdict is now the highest jury verdict on record for an individual plaintiff in Illinois.
     
    “We are immensely thankful to the jury for sitting through such a lengthy trial and for providing Sue with the justice she deserves. But this verdict is about more than Sue, it’s about holding these companies accountable.  There are many more cases to be tried and we hope Sue’s case sets a precedent that Sterigenics cannot distort science with money, and they should be held liable for gambling with people’s lives,” attorney Lance D. Northcutt.
     
    Sterigenics closed its Willowbrook facility in the fall of 2019. Since the plant’s closure, the state has enacted strict new EtO emission limits and Sterigenics has ceased seeking operations in Illinois. Sterigenics still operates several plants throughout the country.
     
    Kamuda was represented at trial by Salvi II, Northcutt, and Jennifer M. Cascio of the Illinois law firm Salvi, Schostok & Pritchard P.C.; Shawn Collins and Margaret Galka of The Collins Law Firm; and Scott A. Entin, Roisin Duffy-Gideon, and Deanna N. Pihos of Miner, Barnhill & Galland P.C.
      Loading, Please Wait..

      Trending
      • Treace To Buy RPM-3D Tech For Up To $30 Million
      • Nevro Names Stryker Exec Greg Siller As Chief Commercial Officer
      • FDA Approves Centinel Spine's Two-level Prodisc L Total Disc Replacement
      • Cementless Hip Implants Are Gradually Losing Their Popularity In Europe
      • Spineart, ECential Robotics Begin Partnership
      Breaking News
      • Orthobiologics Market to Top $10.3 Billion by 2030
      • Artelon Granted U.S. FDA 510(k) Clearance for FlexBand, FlexPatch & FlexBand Plus
      • Synergy Spine Solutions Completes Enrollment in IDE Clinical Trial
      • Biocomposites Acquires Artoss, Maker of NanoBone Bone Graft Substitute
      • Nevro Names Stryker Exec Greg Siller as Chief Commercial Officer
      View Breaking News >
      CURRENT ISSUE

      May/June 2023

      • Metallic Make Up for Orthopedic Materials
      • Infection Control Strategies Offer a Plan of Pathogen Attack
      • Multi-Dimensional Approaches to Orthopedic Implant Manufacturing
      • View More >

      Cookies help us to provide you with an excellent service. By using our website, you declare yourself in agreement with our use of cookies.
      You can obtain detailed information about the use of cookies on our website by clicking on "More information”.

      • About Us
      • Privacy Policy
      • Terms And Conditions
      • Contact Us

      follow us

      Subscribe
      Nutraceuticals World

      Latest Breaking News From Nutraceuticals World

      Sempera Organics and Alchemist Labs Announce Partnership for Mushroom Testing
      Nektium Expands International Distribution Network for Botanical Extracts
      Kemin Receives Positive EFSA Opinion for BetaVia Pure, its Beta-Glucan Ingredient
      Coatings World

      Latest Breaking News From Coatings World

      Dunn-Edwards Announces 2024 Color + Design Trends to Watch
      Aramsco Acquires Pantheon Surface
      American Chemistry Council Recognizes Covestro for Sustainability Leadership
      Medical Product Outsourcing

      Latest Breaking News From Medical Product Outsourcing

      ISO 13485:2016 Certification Granted to Boston BioProducts
      Paul Colvin Joins Ora Inc. as Chief Operating Officer
      Denise Wocko Named Head of Global Client Portfolio Management at RQM+
      Contract Pharma

      Latest Breaking News From Contract Pharma

      MilliporeSigma Announces Proteologix as Winner of North American Biotech Grant
      Veeva Business Consulting Expands with New R&D Services
      Samsung Biologics Accelerates Timeline of New Fifth Plant
      Beauty Packaging

      Latest Breaking News From Beauty Packaging

      Estée Lauder Announces Second Edition of Beauty&You Brand Incubator Program
      GetHarley Raises $52 Million in Latest Funding Round
      Refillable Skincare Products Face Hurdles Despite Growing Sustainability Awareness
      Happi

      Latest Breaking News From Happi

      La Roche-Posay Expands Anti-Aging Collection with Niacinamide 10 Serum
      Rite Aid Launches Beauty and Personal Care Essentials Collection
      Proven Skincare Granted Second Personalization Patent
      Ink World

      Latest Breaking News From Ink World

      Siegwerk’s Center of Excellence in France Receives Facelift
      Epson announces MakeTheSwitch Campaign
      Pigments Market to Reach $26,598 Million by 2022: AMR
      Label & Narrow Web

      Latest Breaking News From Label & Narrow Web

      CCL to personalize online customer experience
      Michelman named recipient of IRI Excellence Award for Corporate Citizenship
      Registration opens for rebranded FTA Fall Technical Conference 2023
      Nonwovens Industry

      Latest Breaking News From Nonwovens Industry

      TechnoPlants to Exhibit at ITMA
      Andritz Buys 100% Stake in Dan-Web
      Luminy PLA Meets EU Sustainability Regulations
      Orthopedic Design & Technology

      Latest Breaking News From Orthopedic Design & Technology

      Orthobiologics Market to Top $10.3 Billion by 2030
      Artelon Granted U.S. FDA 510(k) Clearance for FlexBand, FlexPatch & FlexBand Plus
      Synergy Spine Solutions Completes Enrollment in IDE Clinical Trial
      Printed Electronics Now

      Latest Breaking News From Printed Electronics Now

      ASSA ABLOY Receives Clearance from Mexico for HHI Acquisition
      Christoph Ostermann Named Chairman of Heliatek‘s Advisory Board
      Flexible and Printed Electronics Represented at productronica 2023

      Copyright © 2023 Rodman Media. All rights reserved. Use of this constitutes acceptance of our privacy policy The material on this site may not be reproduced, distributed, transmitted, or otherwise used, except with the prior written permission of Rodman Media.

      AD BLOCKER DETECTED

      Our website is made possible by displaying online advertisements to our visitors.
      Please consider supporting us by disabling your ad blocker.


      FREE SUBSCRIPTION Already a subscriber? Login