Walker v. Becton Dickinson, et al.

Summary

In this litigation over ethylene oxide exposure, plaintiff claims the chemical, used to sterilize medical equipment at defendants' plant, caused his non-Hodgkin lymphoma. Plaintiff claims defendants, Becton Dickinson and Company and its subsidiary, Bard, failed to warn of the dangers associated with exposure to the chemical, despite the fact that the chemical was released into the air surrounding the community and off-gassed from shipping boxes containing sterilized medical equipment.

The defense contends plaintiff's exposure to ethylene oxide, or EtO, was not at a high enough level to cause his cancer. The defense claims plaintiff's disease was naturally occurring and unpreventable. And the defense contends the companies acted responsibly in their use and management of the chemical.

Outcome

For the plaintiff: $20 million in compensatory damages, plus a finding that punitive damages were warranted.

Mistrial on the issue of punitives in the subsequent punitive phase of proceedings.