NBC 5 anchor sues Sterigenics
Monday, Aug 26, 2019 - Posted by Rich Miller
* Earlier this month…
Medical device sterilization company Sterigenics will need to defend itself in Cook County court against a host of lawsuits brought by trial lawyers on behalf of people living in communities surrounding Sterigenics’ Willowbrook facility, as the judge said the company’s compliance with federal clean air rules don’t protect it from the lawsuits accusing the company of releasing emissions the lawsuits say caused the plaintiffs’ cancer.
On Aug. 15, U.S. District Judge Rebecca Pallmeyer, who serves as chief judge for the Northern District of Illinois, ordered a collection of lawsuits filed against Sterigenics back to Cook County Circuit Court, where they had originally been filed.
In her ruling, Pallmeyer rejected Sterigenics’ assertions the lawsuits amounted to an attempt by the plaintiffs to use litigation to sidestep federal environmental laws and regulations, and extract payment from a company that had not violated any federal or state emissions rules.
“… Plaintiffs’ claims can succeed without reference to any federal statute,” Pallmeyer wrote. “Even if, as Defendants (Sterigenics) believe, a jury finds that they complied with federal standards, the jury could nevertheless determine that state common law imposes a standard of care higher than that expressly required by federal law.”
* Last week…
Nearly three dozen people have sued the operator of a suburban Chicago medical equipment cleaning plant they claim emits fumes that have adversely affected their health, lawyers for the plaintiffs announced Tuesday.
The 32 lawsuits filed against Sterigenics LLC this week in Cook County seek damages from the company, which operates a plant in Willowbrook.
“Nobody should have to go through anything like this,” said Burr Ridge native Jeanne Hochhalter.
* Friday…
NBC 5 anchor Rob Stafford on Friday filed a lawsuit against Sterigenics claiming he was diagnosed with a rare blood disorder after being exposed to toxic levels of ethylene oxide emitted by the Willowbrook facility.
Stafford was diagnosed with amyloidosis in 2018, shortly after the United States Department of Health and Human Services released a report calling the emissions from the Sterigenics facility a public health hazard, the lawsuit states.
According to the lawsuit, Stafford lived in Hinsdale and was a regular member of a sports club in Burr Ridge during the time it was determined Sterigenics’ sterilization process resulted in ethylene oxide emission at the Willowbrook facility, causing exposure in portions of Burr Ridge and Hinsdale.
In the lawsuit, Stafford alleges negligence, willful and wanton conduct and ultra-hazardous activity, saying the defendants “had the ability to regulate the emissions of ethylene oxide” but instead failed to warn the public of the risk of their health. He is suing for damages in excess of $50,000.
* Feder…
In a statement Sterigenics said it “has consistently complied with applicable regulations” and intends to “vigorously defend against” the claims.
An NBC 5 spokesperson said the station does not comment about employees’ personal matters. “But I can confirm that Rob informed us about his intentions to file a lawsuit a couple of months ago,” the spokesperson added. “Since then, Rob has not been assigned to report on, or read, any stories involving Sterigenics. This practice will remain in place.”
…Adding… Andrea Thome calling out Leader Durkin. Hmm…
- Oswego Willy - Monday, Aug 26, 19 @ 2:16 pm:
The heat and light on this, it’s just got hotter and brighter…
- MarginofEra - Monday, Aug 26, 19 @ 2:26 pm:
52 days until a perfunctory session. Will IEPA issue the construction permit? Will the judge enter the consent order? Likely the latter will guide the earlier — unless IEPA wants to be cute and issue it the Friday before the holiday weekend (par for the course). Then the question comes down to what will Leader Durkin and Deputy Gov. Mitchell allow to happen? Even if the US EPA gets political pressure to back down on their stance on the toxicity of ethylene oxide, people will see thorough it. The science is sound and peer reviewed. The Trump administration has lost all credibility on the scientific front. TL;DR - This isn’t going away.
- Lo - Monday, Aug 26, 19 @ 2:29 pm:
They just dont belong in a residential community. They rent the buildings they occupy. They need to pick up and move. Don’t we want to live in a world where companies leave not only when they’re not welcome in a residential community but when they are actually doing psychological harm to people who live nearby? To allow Sterigenics to reopen would be the Gov & Christian Mitchell rewarding terrible corporate greed.
- Oswego Willy - Monday, Aug 26, 19 @ 2:32 pm:
===Then the question comes down to what will Leader Durkin and Deputy Gov. Mitchell allow to happen?===
More like what will Durkin and Pritzker do, together, to deal with the inevitable… unless Durkin decides to fix his failed bill, that Pritzker is on record to sign (Pritzker vowed to sign any bill)
It’s the working together to what will happen that will allow the politics to be driven by a best solution of this bad situation that may not have an outcome desired.
The lead on this is Durkin.
- Oswego Willy - Monday, Aug 26, 19 @ 2:34 pm:
===To allow Sterigenics to reopen would be the Gov & Christian Mitchell rewarding terrible corporate greed.===
Got to follow the laws.
The failed Durkin bill could be fixed with a special session.
Why won’t Durkin do that?
Or…
They all can try to figure out what are these next steps, with this lawsuit now out there.
- Lo - Monday, Aug 26, 19 @ 2:35 pm:
Good point @MarginofEra. Where are Durkin and Christian Mitchell now? When JB & Christian Mitchell wanted to use members of the affected community in their press conferences and ads, they did. NOW WHAT? Silence. Where is the special session? Why is Durkin not insisting on it? Where is everyone now?
- Oswego Willy - Monday, Aug 26, 19 @ 2:37 pm:
===Why is Durkin not insisting on it?===
Durkin is the one leading the bus here.
Durkin said he stands by his bill. Why?
- Oswego Willy - Monday, Aug 26, 19 @ 2:39 pm:
Leader Durkin, July 18th, 2019
===If the Governor is not happy with the legislation he signed into law, I recommend he introduce his own legislation in the General Assembly and call a special session to take it up for consideration.
I stand by my legislation which was signed into law by the Governor.===
Was Durkin telling folks he’s ineffective as a legislator, and further, stands by ineffective legislation, and can’t fix his own bill… or won’t?
Or…
All sides can get together…
- MarginofEra - Monday, Aug 26, 19 @ 2:43 pm:
===Was Durkin telling folks he’s ineffective as a legislator, and further, stands by ineffective legislation, and can’t fix his own bill… or won’t?===
Taking bets on the Judge entering the order and Durkin coming back saying “Since no one can read the bill, I guess we have to make it really clear.” Too many games with people’s health on the line. September 6th. Time will tell.
- Oswego Willy - Monday, Aug 26, 19 @ 2:45 pm:
===“Since no one can read the bill, I guess we have to make it really clear.”===
That would constitute Durkin fixing his failed bill;
===I stand by my legislation which was signed into law by the Governor.===
Hmm.
- Stuntman Bob's Brother - Monday, Aug 26, 19 @ 3:06 pm:
If Sterigenics is found liable, then shouldn’t the State and Feds, who set the emission limits and permitted the operation, share in that liability?
- Oswego Willy - Monday, Aug 26, 19 @ 3:15 pm:
===Isn’t becoming obvious that this community is only being used as a political ping pong ball?===
If that is indeed the case, why won’t Durkin fix his failed bill, in a Special Session?
Legislators legislate.
Then, see if Pritzker will sign the fixed bill.
Durkin is the Minority Leader of the Illinois House of Representatives.
You’re telling me the Minority Leader of the Illinois House of Representatives is so inept he can’t get that bill “fixed”?
===I stand by my legislation which was signed into law by the Governor.===
I’m confused where ping pong comes in when the direct route to fix this is t being chosen by… the Minority Leader of the Illinois House of Representatives.
Hmm.
- Pot calling kettle - Monday, Aug 26, 19 @ 3:19 pm:
==Was Durkin telling folks he’s ineffective as a legislator, and further, stands by ineffective legislation, and can’t fix his own bill… or won’t?==
Or, is the legislation effective but not palatable to the folks who live near the facility? If the emission limits set in the legislation are scientifically valid and protective of the neighbors, what else can he do? What else can the Governor (via the IEPA) and the Atty Gen do?
Good law is not always popular. If Durkin stands behind the law, is he willing to explain to the public why it is a good law? Are the Gov and Atty. Gen willing to do so?
And, how about Rep. McSweeny? “The time for action is now! A bill that actually works needs to be filed immediately.” OK, why haven’t you filed a bill? The last bill McSweeny filed was in March; if he thinks a bill should be “filed immediately,” where’s the bill?
- Oswego Willy - Monday, Aug 26, 19 @ 3:25 pm:
===is the legislation effective but not palatable to the folks who live near the facility? If the emission limits set in the legislation are scientifically valid and protective of the neighbors, what else can he do? What else can the Governor (via the IEPA) and the Atty Gen do?===
Prolly why… I keep hinting at;
“They all can try to figure out what are these next steps”
I’m just guessing on my own motives.
:)
- James - Monday, Aug 26, 19 @ 3:29 pm:
Judge Pallmeyer became Chief US District Judge for the Northern District of Illinois last month; she qualified based on succession rules (longest serving judge under 65). She replaced Ruben Castillo, who stepped down after serving as Chief for 6 years.
The Northern District has been fortunate to have these two excellent judges serving in that position.
- Pot calling kettle - Monday, Aug 26, 19 @ 3:31 pm:
==“They all can try to figure out what are these next steps”==
LOL Nobody wants to stand in front of the unhappy neighbors.
- Oswego Willy - Monday, Aug 26, 19 @ 3:34 pm:
===Nobody wants to stand in front of the unhappy neighbors.===
With his former company a part owner of the company, Rauner won that district over Pritzker.
Durkin needs to win the district, for himself, with failed legislation.
Who should be more worried?
- JB13 - Monday, Aug 26, 19 @ 4:27 pm:
Too many Illinois politicians ran to the activists’ side, without first verifying there was an escape plan, should it be determined there was no legal or constitutional way to satisfy the activists.
Now, they’re stuck in the pickle. The law on one side. Blind, flaming rage on the other. You can’t satisfy both.
- Naperthrill - Monday, Aug 26, 19 @ 4:28 pm:
This is politics now. Not a serious discussion on science, health and public safety. With the new controls in place Sterigenics will only add 5 in a million chance of getting cancer, if you’re literally in the parking lot for 70 years. The exhaust from your commute is more harmful.
- Rich Miller - Monday, Aug 26, 19 @ 4:29 pm:
===With the new controls===
The lawsuits are about the lack of those new controls.
- Naperthrill - Monday, Aug 26, 19 @ 4:50 pm:
==this is about the lack of these new controls==
Controls have been in place for decades controlling EO emissions at Sterigenics at very high levels. In the 80s that was not the case though. Either way, only recently have the standards changed with the release of the EPA report. The company has complied and kept emissions well under regulated levels based on the science at the time. No indication that they were devious. Now they’re willing to comply again with controls that will eliminate risk based on the newest science. Plus we’re talking life time exposure risks here when extremely close to the facility. People should really read the science behind this.
- Oswego Willy - Monday, Aug 26, 19 @ 4:55 pm:
===Either way, only recently have the standards changed with the release of the EPA report. The company has complied and kept emissions well under regulated levels based on the science at the time. No indication that they were devious.===
Is that you, Sterigenics?
Lemme guess, Sterigenics has also been a pillar in the community and the community is better with Sterigenics there?
That press release jumping everyone is an actor not acting in good faith.
At all.
That’s a company trying to change the narrative to the dangers Sterigenics put on the community.
It’s devious putting out releases touting something without notice to those you are mentioning in your release.
- Hey hey - Monday, Aug 26, 19 @ 7:29 pm:
Lutheran General Hospital had 44 people get infected by a superbug in 2013 due to duendoscope medical devices that were sterilized in autoclave but autoclave did not kill the Superbug. Lutheran General then started to sterilize with ethylene oxide and they did not have another superbug outbreak. These same law firms that advertise to sue Sterigenics had advertisements trying to sue Lutheran General for not using ethylene oxide.
- MarginofEra - Monday, Aug 26, 19 @ 10:30 pm:
Hey Hey, false equivalencies. It’s not okay to release a carcinogen next to homes and schools, period. Plus, there’s other technologies out there. Noxilizer, Gamma, Vaporized Hydrogen Peroxide, etc. Not using viable technologies because of external shipping boxes is unacceptable. No one is interested in protecting corporate profits at the cost of lives of community members.
- NoGifts - Tuesday, Aug 27, 19 @ 8:30 am:
It doesn’t look like the condition is a cancer, and it doesn’t look like it is caused by environmental toxins. So there’s the science. https://www.mayoclinic.org/diseases-conditions/amyloidosis/symptoms-causes/syc-20353178
- Lo - Tuesday, Aug 27, 19 @ 10:19 am:
The point of this gets lost so often. The bottom line is that medical sterilization plants can operate at farther distances from residential communities. They can update their technologies. They can sacrifice a small portion of profit and package items after each component has been sterilized in the safest way possible. Currently, its all about money - huge pallets of surgical kits are sterilized when very small portions of the kit actually require EtO. Sterigenics has acquired better safer technology and companies and quashed the development of the very alternatives they now claim don’t exist.
- Microbefiend - Tuesday, Aug 27, 19 @ 1:13 pm:
So Lutheran General decided to invest in EtO because they couldn’t adjust the autoclave parameters to ensure sterilization? Did they not know they could program custom cycles and run testing like academics do?