Pursuing Justice for Ethylene Oxide Cancer Victims

Most people haven’t heard of ethylene oxide (EO). But this invisible, cancer-causing, odorless gas is used every day at factories all across the country, potentially exposing those working there and those living in the area. Those profiting from its use have tried to minimize its dangers, but they may make themselves targets of legal actions by those injured by this toxic gas.

Satterley & Kelley, PLLC lawyers in Louisville represent those in Kentucky and nationwide with cancer and other diseases caused by chemical exposure. If you have an EO-related condition, we should discuss your potential legal claims for compensation. Call us at 855-385-9532 to learn more.

What Is Ethylene Oxide?

EO is a colorless gas that has a faint, sweet smell. It is used in two main ways: to kill germs on medical equipment that can’t be cleaned with heat or steam, and to make other chemicals, such as antifreeze and plastic.

The U.S. Environmental Protection Agency (EPA) states that about half of all medical devices sold in the US (like surgical gloves, catheters, and syringes) are sterilized using ethylene oxide each year.

Both the EPA and the International Agency for Research on Cancer classify ethylene oxide as a “known human carcinogen,” which means scientists are certain it can cause cancer.

The EPA updated its research in 2016 and announced that EO is 30 times more dangerous for adults, and 50 times more dangerous for babies and children, than scientists previously believed.  Despite these known dangers, many companies that manufacture or use ethylene oxide (EO) have continued their operations without implementing adequate measures to protect workers and surrounding communities.

How Can I Be Exposed to Ethylene Oxide?

Most of us are exposed to EO in the following ways:

• The common exposure is to people living near a factory that specializes in sterilization or that makes or processes chemicals. About 13 million Americans live near facilities that release ethylene oxide into the air. The gas can drift out of buildings and into neighborhoods without warning. The EPA found in 2018 that people living near some of these plants faced cancer risks far higher than what’s considered safe. They were especially high for people in lower-income neighborhoods and communities of color. The EPA states there are about 90 commercial sterilization facilities in the US.
• Sterilization or chemical plant workers handling EO every day face the highest risk. People working directly with EO for long periods, with poor safety protections in place, face the greatest danger. Hospital workers, truck drivers who haul sterilized equipment, and warehouse workers may also be exposed

Exposure can also happen because of the following:

• Tobacco smoke
• Contact with medical devices sterilized with EO, though companies supplying them are supposed to ensure those levels are very low before they reach patients

It’s estimated that about 13,000 tons of EO were produced in the US in 2024. Given how widespread its use, exposure shouldn’t come as a surprise.

How Can Ethylene Oxide Hurt Me?

Ethylene oxide is dangerous because it attacks your body’s deoxyribonucleic acid (DNA). This is the molecule that carries the genetic instructions for the development, function, growth, and reproduction of the cells in our bodies.

After you inhale EO, it eventually sticks to DNA in your cells and damages it. Over time, this damage can cause cancer, which is your cells mutating and reproducing out of control.

The cancers most strongly linked to EO exposure include the following:

•  Leukemia (blood cancer)

•  Non-Hodgkin’s lymphoma

•  Breast cancer

•  Multiple myeloma

 Cancers associated with ethylene oxide (EO) exposure often do not develop until many years—or even decades—after exposure begins. By the time a diagnosis is made, identifying the cause of the disease can be challenging. As a result, many people never realize that their cancer may be related to long-term exposure to EO or to living or working near a facility that used or emitted the chemical.

Who Might Be Responsible for My Exposure?

Several groups may share responsibility for injuring you, including the following:

• Companies operating sterilization and chemical plants should keep their emissions within safe levels and warn nearby communities if they exceed them. They’re not always up to the job. In 2022, a jury awarded a truck driver more than $20 million after finding that a medical equipment company was responsible for his non-Hodgkin’s lymphoma. The plaintiff transported the plant’s products and lived in the area
• Employers who use EO are supposed to monitor air quality, provide protective equipment, and train workers about the dangers to safeguard employees. Failure to properly do so can result in exposure to employees
• The EPA has gone back and forth when protecting the public from EO. An EPA rule steeply reducing EO emissions was finalized in 2024. The EPA is now in the process of revoking these protections, resulting in 7.8 additional tons of EO being released from plants and at least 85,000 more people being exposed to unacceptable cancer risks compared to the effects of the 2024 rule

Who may be responsible for your illness can only be determined after a full investigation.

What Rights to Compensation Do I Have If I’ve Been Injured?

If you or a loved one has been exposed to ethylene oxide and developed a related cancer or another serious illness, you may be able to file a lawsuit against the responsible parties and receive compensation for your injuries. Important issues include the following:

• You may be able to collect compensation for your past and reasonably expected future medical bills, lost wages, pain, and suffering. If a family member died from an EO-related illness, family members may be able to file a wrongful death claim
• Kentucky’s statute of limitations, or time limit to file a lawsuit, is one year from being told EO caused your illness, or from when you reasonably should’ve believed it was the cause
• You are not expected to know the exact dates, duration, or levels of your ethylene oxide (EO) exposure. The attorneys at Satterley & Kelley, PLLC can investigate your exposure history by gathering facility records, emissions data, government records, historical information, and witness testimony, and by working with qualified experts to estimate when and how your exposure may have occurred.

EO cases can be complex, but we have many years of experience helping clients injured by toxic substances.

Talk to a Satterley & Kelley, PLLC Ethylene Oxide Lawyer Today

No one should suffer because a company chose profits over safety. Our Louisville attorneys are the boots on the ground for people like you hurt by toxic exposures and help them obtain compensation for their injuries.

If you think you or a loved one may have been harmed by ethylene oxide, call Satterley & Kelley, PLLC today at (855) 385-9532, locally at (502) 589-5600, or complete our online contact form to schedule a free consultation.