Filing an ethylene oxide claim for a loved one: What families need to know

People who live within a few miles of a facility that emits EtO may be eligible to file claims if they develop related illnesses. The workers at sterilization plants and industrial operations are also eligible for compensation if they become ill because of occupational exposure to EtO.

Family members who have lost a loved one to a cancer or serious illness that may be linked to EtO exposure are eligible to file wrongful death claims. These claims seek compensation for the loss of companionship, funeral and burial costs, and emotional damages for survivors. Claims have been filed successfully by both residents living near sterilization plants and workers in EtO sterilization and industrial operations.

Essential documentation for your claim

Evidence forms the foundation of any successful EtO claim. Families need to gather comprehensive documentation to support the connection between exposure and illness:

• Employment records provide proof of work at a facility that used EtO or near operations that handled the chemical. Include job titles, work dates, and a description of duties that led to your loved one coming into contact with EtO.
• Records of residence can be used to determine whether a resident lived near an EtO-emitting facility during the relevant period. In a community, documents such as leases and utility bills provide evidence of sterilization plant exposure.
• Records of diagnosis, treatment, and test results pertaining to EtO are crucial for documentation. There are many EtO claims relating to cancers of the blood, including leukemia, multiple myeloma, non-Hodgkin lymphoma, and breast cancer.
• The families of the deceased must provide death certificates and documentation of funeral expenses when filing a claim for wrongful death. Financial documents can also be used to prove economic losses in support of compensation claims.

The legal process, damages, and time considerations

After a lawsuit is filed, the discovery process involves the exchange of documents, depositions, and expert reports. Generally, if no settlement can be reached, the case is tried before a jury or a judge, who determines whether or not to award the claim.

Family members may seek damages for a variety of reasons:

• Medical costs covering past and future treatments, diagnoses, and monitoring of illnesses related to exposure
• Economic losses including lost wages and reduced earning capacity due to illness
• Non-economic losses such as pain and suffering, diminished quality of life, and emotional distress
• Wrongful death damages including funeral and burial costs, loss of companionship, and emotional damages for survivors

Time is of the essence when filing EtO claims. Gathering documentation early is important to avoid losing records or evidence of exposure if delays occur. The latency periods associated with cancer require a long exposure history.

ELG Law can help your family pursue justice

You may be entitled to compensation if your loved one developed cancer after exposure to EtO, or if your loved one passed away because of EtO-related conditions. Environmental Litigation Group's toxic exposure attorneys have over 35 years of experience representing families in environmental contamination lawsuits. You can rely on us to assist you with every step of the claim process, as we understand how demanding fighting cancer can be. Please feel free to contact us to discuss your legal options and your loved one's exposure.