CVN screenshot of plaintiff attorney Patrick Ntchobo delivering his opening statement
Golden, CO - A Colorado state court jury heard opening statements Wednesday in a closely watched lawsuit alleging ethylene oxide gas emissions from a medical sterilization plant allegedly caused a man’s cancer, and the full trial is being webcast gavel-to-gavel by Courtroom View Network.
Plaintiff Brad Schaak claims exposure to ethylene oxide gas, or ETO, from a facility run by medical equipment company Terumo caused him to develop a rare form of cancer. His attorneys allege Terumo knew for years that ETO gas posed a public health risk but still used it in plants near residential communities, however the company maintains Schaak’s exposure level was far too low to cause his illness.
The case is among the few ETO cases to go before a jury, and only the third webcast gavel-to-gavel by CVN. A trial last year in the same Jefferson County courtroom involving similar claims against Terumo ended in a defense verdict, and a trial in Georgia state court last year involving ETO gas use at CR Bard facility ended in a $20 million verdict.
Representing Schaak, plaintiff attorney Patrick Ntchobo of Edelson PC compared the public health risks supposedly associated with ETO to products like tobacco and asbestos. He argued ETO lawsuits are newer, but they tell an “old and familiar story.”
He explained how ETO gas is used to sterilize medical equipment that can’t be exposed to high temperatures. He characterized it as a chemical designed specifically to penetrate and destroy cells, and that it’s completely odorless, colorless, tasteless and has no immediately detectable physical effects on humans whatsoever.
“It defies the senses,” Ntchobo stated.
Ntchobo accused Terumo of failing to equip their Lakewood-area facility with adequate ventilation filters despite supposedly knowing the risk of releasing ETO gas near a residential community.
“For years Terumo released ethylene oxide into the air and into the Lakewood community, he said. “That caused a public health crisis.”
Attorney Nicholas Rosinia, also of Edelson PC, explained to jurors that Shaak had no family medical history that could cause him to develop a rare form of Non-Hodgkin lymphoma in his mid-30’s, and that the only likely source of chemical exposure came from the Terumo plant.
Rosinia detailed how Schaak recovered after chemotherapy and is medically cured. While he didn’t lay out a specific amount of damages in his opening, he did say Schaak wasn’t seeking “tens of millions” in a future care plan, but rather hoped to hold Terumo accountable.
Representing Terumo, defense attorney Luke McFarland of McFarland Litigation Partners offered sympathy and praise for Shaak’s illness and recovery, but he insisted the science doesn’t back up his attorneys' claims that ETO exposure caused his cancer.
CVN screenshot of defense attorney Luke McFarland delivering his opening statement
McFarland admitted ETO is carcinogenic, but he compared it to other carcinogens people expose themselves to every day like ultraviolet light in sunshine and preservatives in bacon.
“Dose matters,” he stressed, invoking the idea of one Tylenol pill being harmless but an entire bottle being potentially fatal.
He insisted Terumo complied with industry and regulatory standards for the ventilation system at their Lakewood facility, and that Schaak could not have been exposed to sufficient amounts of the gas to cause any harm.
McFarland told jurors they would hear testimony about dosage studies done on the effects of ETO exposure, and that they prove Schaak’s cancer didn’t develop because of his proximity to the Terumo plant.
“Low doses in these studies? They don’t see ill effects,” McFarland said.
The trial is taking place before Judge Andrew Poland, and CVN’s gavel-to-gavel coverage, including all witness testimony, will continue for the duration of the proceedings.
Email David Siegel at dsiegel@cvn.com