Multinational Health Care Product Manufacturer Achieves Dismissal of Ethylene Oxide Claims

Faegre Drinker attorneys successfully achieved early dismissal of a Cook County lawsuit alleging cancer due to workplace exposure of ethylene oxide from its hospital sterilization devices. Faegre Drinker provided legal representation to the health care product manufacturer, which included early fact-finding and addressing potential preemption of tort suits under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as well as addressing potential FDA regulations regarding medical device labeling and sterilization standards. As a result, the plaintiff quickly dropped their case, and the suit was dismissed.