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The U.S. Environmental Protection Agency (EPA) held virtual public meetings on June 22, 2023, to announce to residents living around the 11600 Adelmo Lane block in Fort Myers, Florida, that they may have been exposed to high levels of a chemical known as ethylene oxide (EtO). Fort Myers neighborhoods in the vicinity of American Contract Systems may have higher cancer risks than those not exposed to the commercial sterilizer.

Since April of 2023, the EPA has been working closely with American Contract Systems to combat this problem and drastically reduce EtO emissions, as well as other commercial sterilizers all over the country to reduce health risks.

Two ways the EPA is trying to reduce EtO emissions are by strengthening emission standards for commercial sterilizers in operation currently around the country as well as for new commercial sterilizers. These standards will reduce emissions by as much as 80 percent. The EPA also introduced a new set of protections for workers under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).

Ethylene oxide (EtO) is a chemical compound that is an odorless and colorless gas. EtO is commonly used as a sterilization agent in various industries, including healthcare facilities, laboratories and manufacturing plants. EtO has been linked to serious health risks, such as cancer, respiratory issues and reproductive problems, prompting numerous lawsuits against companies involved in its production, use or release.

EtO has major health risks when inhaled for prolonged periods  of time.  Acute effects range from nausea, vomiting and bronchitis to more serious effects such as neurological disorders and emphysema. Other noncancerous chronic effects from being exposed to the hazardous chemicals range from headaches to memory loss to numbness. EtO can also have reproductive and developmental abnormalities such as miscarriages in women as well as testicular damage in men. This hazardous compound is also a mutagenic, causing damage to DNA.

Our law firm is ready to evaluate cases and seek compensation for individuals who have been diagnosed with one or more of the following:

Lymphoid Cancer

Breast Cancer

Non-Hodgkin’s Lymphoma

Myeloma

Lymphocytic Leukemia

Pancreatic Cancer

Kidney Cancer

Lung Cancer

Uterine Cancer

Brain Tumors

Blood Disorders

There have been numerous commercial sterilization facilities listed in Florida by the EPA as being harmful.

  • Arthrex Manufacturing Inc. Finishing
  • International Sterilization Laboratory
  • Medtronic ENT
  • American Contract Systems, Inc. (Two Facilities)

Our Story

American Contract Systems, located at 11600 Adelmo Lane, Fort Myers, Florida, southeast of Page Field, has been named by the EPA as one of the manufacturers who has used high levels of ethylene oxide, which is known to cause cancer when inhaled  over a long period of time. Aloia, Roland, Lubell & Morgan is here to help answer any questions for the residents of that neighborhood as well as surrounding neighborhoods that may have been affected and are experiencing health issues as a result.

What are the current lawsuits involving Ethylene Oxide releases?

This information was released on June 22, 2023 with the EPA’s virtual public meeting. There has been one lawsuit in 2005, when Cosmed agreed to settle for $1.5 million after they violated the Clean Air Act. Since then, numerous facilities have faced lawsuits including the most recent case against  Sterigenics, in which a Cook County jury awarded more than 700 victims $363 million in damages. The EPA has found that people living as far as a one and half mile radius can have damaging effects of EtO. There has yet to be a lawsuit filed for American Contract Systems for their negligence.

Can I sue for Ethylene Oxide exposure?

Generally, in any type of chemical lawsuit, you must have prolonged exposure as well as one of the above symptoms that can be specifically linked to EtO exposure. At present time, most cases have involved significant cancer diagnoses. Please call our office at 239-376-1597 immediately if you have any of the above conditions so we can evaluate your case accordingly.

Who is liable for commercial sterilization EtO emissions?

If American Contract Systems knew they were dispensing harmful chemicals and not regulating and upyielding to safety standards, they would be liable. Currently, the EPA is updating their regulations under the Clean Air Act, and determining what legal standards for this chemical can be  strengthened to reduce further the harmful effects of EtO in the future. If you have questions or concerns, regarding EtO exposure and living next to American Contract Systems, please call us with any questions at 239-376-1597.

What are the health effects associated with Ethylene Oxide exposure?

There are numerous health effects that can be caused by Ethylene Oxide such as neurological disorders, bronchitis, pulmonary edema, emphysema, memory loss, numbness and cancers such as Lymphoid Cancer, Breast Cancer, Non-Hodgkin’s Lymphoma, Myeloma, Lymphocytic Leukemia, Pancreatic Cancer, Kidney Cancer, Lung Cancer, Uterine Cancer, Brain Tumors and Blood Disorders. There are other health risks such as reproductive and mutative as well.

What compensation can I expect from an Ethylene Oxide lawsuit?

Most EtO civil cases have settled within the tens of millions to hundreds of millions of dollars in damages. These damages could be paid out to family members who have also lost loved ones who had cancer caused by EtO exposure through wrongful death lawsuits.

How to file a lawsuit for Ethylene Oxide exposure?

First, call your local attorney handling these cases, or if you are in the Southwest Florida Area, call Aloia, Roland, Lubell & Morgan at 239-376-1597, to better evaluate your case.

Have there been any class action lawsuits against commercial sterilization companies?

As more information comes out regarding Ethylene Oxide and the hazards of inhalation, there will be more class action lawsuits brought against manufacturers. Many of the lawsuits are still in the beginning stages such the B. Braun Med Inc, lawsuit filed in February of 2022 and the lawsuit against the  Kendall Patient Recovery (KPR) sterilization plant in 2021.

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