Trial Magazine

Sue Kamuda moved to Willowbrook, Ill., in 1985, less than a year after Sterigenics began its medical device sterilization operations in the community. Kamuda, who lived less than a mile from the Sterigenics plant, was diagnosed as having aggressive breast cancer in 2007. She underwent surgery, chemotherapy, and radiation. Now 70, she is unable to engage in some of her former activities, such as running.

She sued Sterigenics U.S., LLC, alleging that it released toxic ethylene oxide (EtO) into the air, causing her and others to develop cancer. The plaintiff asserted that Sterigenics knew of the risks of using EtO to sterilize medical equipment yet continued to use excessive and unnecessary amounts of the carcinogen for decades without warning the community.

Additionally, the plaintiff argued, although Sterigenics executives and former parent company Griffith Foods International knew since the 1980s that EtO exposure posed significant risks to human health, the companies’ use of EtO in reports to regulators was consistently downplayed.

Suit also alleged that Sterigenics and parent company Sotera Health, LLC began funneling $1.3 billion in assets to investors beginning in 2016, when unfavorable EPA reports were finalized regarding the potency of EtO.

The jury awarded $363 million, finding Sterigenics, Griffith Foods, and Sotera Health liable for negligence, civil battery, and public nuisance. The award included $325 million in punitive damages.

Citation: Kamuda v. Sterigenics U.S., LLC, No. 2018 L 010475 (Ill. Cir. Ct. Cook Cnty. Sept. 19, 2022).

Plaintiff counsel: AAJ member Patrick A. Salvi II, AAJ member Lance D. Northcutt, AAJ member Jennifer M. Cascio, AAJ member Scott A. Entin, Roisin Duffy-Gideon, and Deanna N. Pihos, all of Chicago; and AAJ member Shawn Collins and Margaret Galka, both of Naperville, Ill.