A group of Waukegan area people impacted by the emission of ethylene oxide (EtO), a known carcinogen, from an industrial plant in Waukegan will be sharing in a $48.15 million settlement with Isomedix Operations, Inc., a one-time owner of the Waukegan facility.
Isomedix, a subsidiary of STERIS, plc, a Dublin, Ireland-based company, settled its portion of a multiparty lawsuit with numerous plaintiffs (the ETO plaintiffs) for $48.15 million, according to a March 3 filing with the U.S. Securities and Exchange Commission (SEC).
Coming after a trial with one of the plaintiffs, Pamela Knobbe of Gurnee, ended in a mistrial in Cook County Circuit Court, the case was resolved, according to a news release from STERIS, court filings with the First District Illinois Appellate Court in Chicago, and the SEC filing.
Isomedix filed an 8-K Disclosure with the SEC on March 3 in New York, disclosing settlement of its portion of the lawsuits with the ETO Plaintiffs agreeing to pay as much as $48.15 million based on term sheets signed by attorneys for the allegedly injured people.
Though there were numerous plaintiffs and defendants in the case, the settlement came after a Feb. 21 decision by the appellate court ending delay tactics by Isomedix, according to the court filings.
“Although Isomedix has an interest in putting all potential (matters) before the jury we cannot overlook its delay in filing its third-party complaint and seeking a continuance,” Justice Celia Gamrath wrote in her opinion.
Knobbe sought a prompt trial. At 70, she was twice diagnosed with cancer and is entitled to a prompt resolution of her case, as should be the situation with the “elderly or seriously ill, according to the court opinion.
“Given Knobbe’s age and cancer diagnosis, Knobbe has a right to see her claims to fruition now, without a six-to-12-month continuance advocated by Isomedix,” Gamrath said in her opinion.
After the court’s opinion was issued Feb. 21, STERIS filed its disclosure with the SEC March 3, indicating Isomedix signed confidential term sheets with the attorneys for the EtO Plaintiffs as well as settlement agreements with “several plaintiffs currently at trial,” according to the disclosure.
Isomedix expects to enter into settlement agreements with additional parties to the lawsuit, according to the disclosure. Should some of the EtO Plaintiffs not sign the agreements or the court declines to accept some of the pacts, Isomedix can continue to defend itself in court.
The Waukegan plant which allegedly emitted the EtO was owned by Isomedix from 2005 to 2008 and is currently owned by Medline, according to the court opinion. It was owned by Cosmed from 1993 to 2005. Hundreds of cases were filed in Cook County Court and were consolidated for certain legal procedures. Other defendants have already settled.
Confidentiality agreements prohibit the EtO Plaintiffs or their attorneys from discussing the case. All information for this story came from news releases, court documents or other public information
STERIS did not respond to numerous requests for a comment for this story.
