The first Ethylene Oxide trial resulted in a $363 million verdict for a plaintiff who alleged her breast cancer was caused by excessive exposure to EtO from nearby facility. On November 18, 2022, the second case to go to trial resulted in a defense verdict.
As the EPA is increasing its attention to EtO, several states are experiencing an uptick in ethylene oxide litigation. Delaware and Georgia have seen recent private lawsuits against companies operating facilities that utilize EtO.