Sterigenics blowback
Thursday, Jul 18, 2019 - Posted by Rich Miller
* Press release…
Attorneys for the victims who have been sickened because they lived close to Sterigenics, a Willowbrook medical equipment sterilization company, spoke out on Thursday after the Attorney General’s Office and the DuPage County State’s Attorney submitted a consent order agreement with Sterigenics in the Dupage County Circuit Court that could allow Sterigenics to reopen its doors for the first time since being shut down on February 15.
The reopening was agreed upon by the Attorney General’s Office despite strong push back from the community and elected leaders. Sterigenics was shut down after authorities found it has long been emitting dangerous levels of the cancer-causing chemical ethylene oxide, used to sterilize medical equipment. Medical professionals agree and studies have shown that there is no safe level of ethylene oxide.
“This $300,000 slap on the wrist that the Attorney General’s Office has negotiated to repay the people of Willowbrook and the surrounding communities for years of Sterigenics’ illegal behavior isn’t enough to cover the funeral expenses of the innocent victims of this company,” said attorney Antonio Romanucci of Romanucci & Blandin, LLC, one of the law firms advocating for the victims of Sterigenics in a class action lawsuit. “Sterigenics say that we can only have sterilized medical equipment if we are willing to continue to risk the lives and health of those in the Willowbrook community. We know that ethylene oxide causes cancer. We know that it is unsafe at any level. We know that Sterigenics exposed tens of thousands of people, including elementary, middle and high school students and teachers who studied across the street, to ethylene oxide for years and never told them or gave them the chance to protect themselves. Sterigenics has forfeited the right to be in business anywhere, least of all Willowbrook. If they want to continue to sterilize medical products they must now turn to one of the many safer ways to do it or leave this community.”
Victims suing Sterigenics for exposing them to elevated cancer risks though improper ethylene oxide emission control were shocked at the sudden move by the Attorney General’s office. It came just two days after the Food and Drug Administration announced a 2019 innovation challenge, which called for ideas for sterilization alternatives to ethylene oxide that the FDA would help develop. The FDA put forward the challenge in response to the groundbreaking ethylene regulating legislation of the Matt Haller Act, which passed in May in Illinois–a law which advocates thought would shut down Sterigenics for good.
“We are disappointed with this decision to go against the community’s wishes and the years medical and scientific consensus that ethylene oxide is harmful to inhale in any amount. No matter what papers they sign, Sterigenics and will put more lives in danger if they reopen,” said Colleen Haller, widow to Matt Haller, who passed away from stomach cancer earlier this year. “If they want to continue to be in the medical sterilization business, they can do it elsewhere or use any of the alternatives that the FDA and other groups have discussed. There are safer alternatives out there. People’s lives are at risk.”
“Sterigenics has had years to consider safer alternatives, but instead chose to use a deadly carcinogen and emit it into the atmosphere. Even during these last five months that they have been closed, they’ve had an opportunity to consider alternatives that would allow them to continue their operations without poisoning thousands,” said attorney Steve Hart of Hart McLaughlin & Eldridge, who also represents Sterigenics victims. “The continued disregard for the community, and the reckless abandon with which Sterigenics continues to push their narrative of needing to use this cancer causing chemical leave only one safe alternative: find a new location to conduct your business away from schools, homes, and thousands of residents, including children. The community has made it abundantly clear they do not want Sterigenics in their backyard any longer. If ethylene oxide is going to continue to be your trade, consider the health of thousands of residents and go elsewhere.”
The consent order has nothing to do with those civil cases.
It’s also interesting that there’s no mention of DuPage County State’s Attorney Robert Berlin, who jointly filed the motion to enter a consent order with Sterigenics and who was quoted as saying this yesterday…
“The consent decree entered into today should in no way be considered a license for Sterigenics to reopen,” Berlin said. “The decree will govern Sterigenics going forward and in doing so goes above and beyond the most restrictive regulations in the country placed upon businesses that use EtO in their operations.”
* Rep. Mazzochi didn’t mention Berlin, either…
A standing-room-only crowd showed up for the latest court call in the People of the State of Illinois v. Sterigenics today. State Representative Deanne Mazzochi (R-Elmhurst) appeared to defend the goals and intent of legislation the General Assembly enacted to combat the adverse effects of ethylene oxide. Representative Mazzochi spoke at a news conference on the DuPage County courthouse steps opposing the State of Illinois’ proposed consent decree with Sterigenics. The decree would allow the company’s medical device sterilization plant in Willowbrook to reopen without the company admitting any fault; and even though the Illinois EPA ordered the facility closed in February citing excessive emissions of ethylene oxide (EO), which is considered carcinogenic.
“The holes in this consent agreement are big enough for Sterigenics to drive a truck through,” Rep. Mazzochi said. “In the Matt Haller Act we passed this spring, legislators gave the regulators the tools they need to protect communities from unhealthy ethylene oxide emissions. I am disappointed Attorney General Kwame Raoul caved in to Sterigenics by signing this agreement without first addressing the serious public health and environmental safety that local families require; and with no meaningful notice or input to the stakeholders involved.” Sterigenics attorneys proposed to the court that once the court entered this consent decree, that would “moot” local municipalities’ efforts to stop Sterigenics pollution and fight nuisance claims. Mazzochi disagreed. “This fight is not over. The next step is to vigorously oppose the current proposed consent agreement in court.”
The Attorney General’s office withheld the terms of the agreement from state representatives until after it was signed. Rep. Mazzochi, an attorney, pointed to several loopholes that Sterigenics could use to reopen immediately, while avoiding the additional oversight and layers of environmental protection the latest legislation requires, which she declared “unacceptable.” Mazzochi also reiterated that “neither the Attorney General’s Office nor the Illinois EPA have released findings contradicting their original Seal Order claim that Sterigenics posed an environmental and public health threat. The Attorney General’s action signals his unwillingness to defend the original seal order finding that Sterigenics is an environmental health hazard, and to fight to keep our local residents safe.”
A court hearing on the state’s consent agreement to reopen Sterigenics is scheduled for Wednesday, July 24 at the DuPage County Courthouse. Rep. Mazzochi intends to file a “friend of the court” brief to discuss the legislative intent that prompted the passage of Senate Bill 1852, known as the Matt Haller Act, to prohibit the renewal of any permits for facilities that violate federal or state standards for ethylene oxide emissions; and which prohibits ethylene oxide use by facilities with egregious violations requiring a seal order.
The AG’s office and the DuPage SA maintained yesterday that the proposed consent order follows the new state law.
I’ve asked the AG for a response.
- Oswego Willy - Thursday, Jul 18, 19 @ 2:07 pm:
=== “In the Matt Haller Act we passed this spring…”===
Yeah, I’m gonna stop ya there.
The failed legislation, sponsored by Leader Durkin… failed Willowbrook.
The rest is noise.
The governor, like all governors, owns what happens.
If the governor is comfortable with how this is playing out, then… or if the governor would like a trailer bill to help Durkin’s own failure, that would be good too.
No one is going to win here.
The legislation failed Willowbrook.
- Moby - Thursday, Jul 18, 19 @ 2:15 pm:
Any prerequisite for re-opening the plant should include all company executives, board members and their families being required to live in temporary housing for one year within one mile of the plant.
- Oswego Willy - Thursday, Jul 18, 19 @ 2:20 pm:
To an even sharper point;
===In the Matt Haller Act we passed this spring…===
Here’s what you can’t do. Can’t. Never works.
You can’t point to a bill, it’s passage, it’s enacted, then… go back and beef at what you see as “loopholes”
Starting there, the next leap to “enforcing” the seemingly failed legislation, deciding to blame others on that part, nope, sorry, no.
I’m helping. Honest.
The rub here, and not being aloof or flippant, is if you’re wasting time trying how to shift blame on a failed bill, the really smart political and good governing move is to come out, with folks, and with the governor and… you guessed it… fix the loophole.
I’m truly upset that this has become such a partisan lightning rod of a failing… when the partner least trustworthy, Sterigenics, boxed *everyone* in but themselves.
Think on this, they got the folks they may be medically hurting, more mad at the process and folks trying to help them… then themselves.
They jumped the release, hoping for finger-pointing, and y’all bought in, in a partisan way too.
Congratulations.
Are we done? Is this it?
Can we decide that it has to be rectified in a way that all actors need to feel heard, oh, and let’s be clear, Sterigenics is in no measure a good actor.
Do I believe Leader Durkin wants to make good? Yep. 100^
Do I believe the governor wants to make this right. Again, Yep. 100%
The more folks wanna parse, the more it comes back to the bill and it’s consequences.
This is a PR nightmare… started by the jumping of Sterigenics with a release.
- Moby - Thursday, Jul 18, 19 @ 2:24 pm:
Sterigenics: Safeguarding Global Health
https://sterigenics.com/
- Chemistry - Thursday, Jul 18, 19 @ 2:33 pm:
“Medical professionals agree and studies have shown that there is no safe level of Ethylene Oxide.” Um, what? Ethylene Oxide is a naturally occurring gas. HUMANS release Ethylene Oxide. Ethylene Oxide is released when using cooking oils, especially soybean oil.
- Birdseed - Thursday, Jul 18, 19 @ 2:34 pm:
I’d say the PR nightmare started with a brutal campaign ad and the subsequent bloviating of shutting down the company for good.
- Oswego Willy - Thursday, Jul 18, 19 @ 2:39 pm:
===with a brutal campaign ad and the subsequent bloviating of shutting down the company for good.===
Then why such a failed bill to that?
I remember it was a big thing, Leader Durkin going against Governor Rauner on this during the campaign.
Here’s what you can’t do to argue this;
You can’t arbitrarily decide the flawed bill isn’t causing the issue to flex.
The point is Sterigenics wants to not only seem to be in compliance now, but so much so, legally they should be operating.
So, while your point is extremely on point, you’re missing the point by… pointing a finger.
- Morty - Thursday, Jul 18, 19 @ 2:47 pm:
Ethylene Oxide is a naturally occurring gas.
Oh. Well then it’s ok I guess.
All for nothing.
Everyone can go home.
I think your kind of missing the big picture here.
The company for years did business in a way that harmed the community.
They shouldn’t get another chance to do what they should have been doing all along.
Lot’s of things are natural that cause cancer. Pumping those things in the air next to schools and residents isn’t ok.
Uranium is natural- do you mind if a metric ton of it is put in your garage for storage?
Even if it’s natural.
- Birdseed - Thursday, Jul 18, 19 @ 2:52 pm:
The Governor signed into law the strictest standards for ethylene oxide emissions in the United States. The consent decree provides the loopholes.
- Oswego Willy - Thursday, Jul 18, 19 @ 2:53 pm:
===The Governor signed into law the strictest standards for ethylene oxide emissions in the United States.===
The “strictest standards”
So… the bill wasn’t designed to just fully close plants?
That’s the flaw.
Keep up.
- Birdseed - Thursday, Jul 18, 19 @ 2:57 pm:
Are they going to close every plant in Illinois that uses ethylene oxide? Medline, for instance?
- Oswego Willy - Thursday, Jul 18, 19 @ 2:59 pm:
===Are they going to close every plant in Illinois that uses ethylene oxide?===
So, is it about money or jobs you want this cancer-causing emission.
I’ll let you choose.
- Birdseed - Thursday, Jul 18, 19 @ 3:04 pm:
I don’t know why the pols promised to the shut the plant down, and then provided an opportunity for it to reopen. Perhaps politics came into play. Maybe the AG could answer to why he lost all bravado, and caved to the Sterigenics legal team.
- Oswego Willy - Thursday, Jul 18, 19 @ 3:07 pm:
===Perhaps politics came into play.===
Perhaps Leader Durkin was worried for Medline, like you were?
It begins, ends, revolves… around a flawed bill that failed Willowbrook.
- Birdseed - Thursday, Jul 18, 19 @ 3:14 pm:
If it was a flawed bill, what would a good bill look like, Willy? Be specific.
- Oswego Willy - Thursday, Jul 18, 19 @ 3:19 pm:
===If it was a flawed bill, what would a good bill look like===
A bill that wouldn’t allow the plant to operate, can get the necessary required majorities in the General Assembly, and the governor already stated he was going to sign what was passed.
If I have you right, you are more concerned about my perfect bill, but you’re giving Leader Durkin a pass?
I don’t think I hold the same position Leader Durkin, so when he sponsors a bill, and it fails to deliver, then you have to ask yourself, what was the purpose of the exercise?
“If it was a flawed bill, what would a good bill look like?”
A bill that Leader Durkin and the public see as the legal and lawful result of good legislation.
If you’re so angry at me, I can only imagine how upset you must be at Leader Durkin.
- Birdseed - Thursday, Jul 18, 19 @ 3:33 pm:
Angry? Giving Durkin a pass? You need a nap.
- Oswego Willy - Thursday, Jul 18, 19 @ 3:35 pm:
===Angry? Giving Durkin a pass?===
You seemed fine with the legislation.
Why is that?
- Chemistry - Thursday, Jul 18, 19 @ 4:26 pm:
The human body doesn’t make Uranium. It does make Ethylene Oxide though.
Also, even if you close down Sterigenics in Willowbrook for good, vehicles still release Ethylene Oxide. About 6,800 pounds of it in DuPage County a year.
- Morty - Thursday, Jul 18, 19 @ 6:15 pm:
Chemistry
Just to be clear
You’re saying that there is no health risk from Ethylene Oxide and Sterigenics did nothing wrong or actionable
- Morty - Thursday, Jul 18, 19 @ 6:45 pm:
The Trib had this to say about that chemical that’s so safe:
Chemical companies and government health agencies have known since at least the late 1970s that ethylene oxide mutates genes and causes breast cancer, leukemia and lymphomas. After owners of the Willowbrook plant applied for a new permit in the mid-1980s, state regulators estimated that people living within a mile of the facility could end up breathing the highly toxic gas at concentrations 14 times higher than studies suggested was safe at the time.
- Morty - Thursday, Jul 18, 19 @ 6:45 pm:
When Julie Cannell was born in the 1980s, the Sterigenics plant in Willowbrook churned up to 169,000 pounds of cancer-causing ethylene oxide into the air every year.
- Old Illini - Thursday, Jul 18, 19 @ 9:03 pm:
Wiki: “…ethylene oxide itself is a very hazardous substance. At room temperature it is a flammable, carcinogenic, mutagenic, irritating, and anaesthetic gas.”