PHILADELPHIA – Sixteen people who developed cancer, some of them fatally, and their families have brought suit against German medical device manufacturer B. Braun, alleging that emissions of a carcinogenic gas called ethylene oxide (EtO) from the company’s plant in Hanover Township led to their illnesses.
The plaintiffs filed suit in the Philadelphia County Court of Common Pleas on May 4 versus B. Braun Medical, Inc., B. Braun Of America, Inc., B. Braun Melsungen AG, B. Braun Cegat, LLC, B. Braun Interventional Systems, Inc. and John Doe, all of Bethlehem.
Ethylene oxide, or EtO, a chemical used to sterilize medical equipment, was deemed a human carcinogen by the U.S. Environmental Protection Agency. EPA data, according to plaintiff counsel, showed that the cancer risk from the colorless gas present in one Hanover Township neighborhood was substantially higher than the average amount measured statewide.
EtO has been linked to breast cancer, leukemia and Non-Hodgkin’s lymphoma, among other cancers.
The plaintiffs are individuals who have lived, worked and spent significant time near the plant. Among the plaintiffs, three have died due to cancer, seven are battling breast cancer, two have brain cancer, two have variations of blood cancer and one has a form of urogynecologic cancer.
“This plant is deadly. Its dangerous emissions need to be curtailed now and the wrongful harms must be compensated and punished quickly and fairly,” said plaintiff counsel Shanin Specter, of Kline & Specter.
According to plaintiff counsel, sterilizing medical devices does not require using ethylene oxide and, even if EtO is used, there are controls and devices that can greatly reduce emissions.
“B. Braun, according to news reports, has at times been the nation’s 12th largest polluter of ethylene oxide and the largest in Pennsylvania, at one time releasing 92 percent of the sterilant gas in the state and putting 41,000 people who live near the plant at a greater risk of contracting cancer,” plaintiff counsel stated.
“By comparison, B. Braun emitted 6,880 pounds of EtO in 2014 while the only other entity emitting the chemical gas in the region was St. Luke’s University, which released 17 pounds that year.”
In addition to filing the 16 lawsuits, Kline & Specter also filed a complaint with the EPA and requested that the state Department of Environmental Protection investigate the matter and order remediation.
For counts of negligence, gross negligence, willful and wanton misconduct, strict liability, public nuisance, private nuisance, fraud, fraudulent concealment, negligent misrepresentation, the plaintiff is seeking damages against all defendants, including punitive damages, in an amount in excess of the prevailing arbitration limits, exclusive of pre-judgment interest, delay damages and costs on all counts.
The plaintiffs are Christine Bertha, Tonia Mitchell, Lisa Olivieri and Israel Olivieri Jr. of Whitehall, Bonnie Downing, Luz Colon, Jose Otero, Maria L. Otero, Brett Stuckel and Megan Stuckel of Bethlehem, Sherry Luvender and Sandra Ann Dottery of Coopersburg, Luzmila Godinez, Nolberta Garcia, Evelyn Hottenstein, Maryann Miller, Melissa Pina, Janene Rabenold and Carmen Rodriguez of Allentown, Christopher Glass and Emily Glass of Kunkletown and Latanya Williams of Northampton
The plaintiffs are represented by Specter, Thomas E. Bosworth and Aaron L. Dunbar of Kline & Specter, in Philadelphia.
The defendants have not yet secured legal counsel.
Philadelphia County Court of Common Pleas cases 210500302, 210500303, 210500307, 210500310, 210500313, 210500315, 210500316, 210500317, 210500319, 210500322, 210500324, 210500325, 210500327, 210500330, 210500332 & 210500334
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com