FOR IMMEDIATE RELEASE
Contact: Mitch Leff, (404) 861-4769, mitch@leffassociates.com Kim Speece, (404) 849-6579, kim@leffassociates.com Lawsuits
ATLANTA, Sept. 8, 2020 — A group of Atlanta-area attorneys announced today it has filed new lawsuits against medical sterilization companies BD Bard and Sterigenics. The claims were filed in State Court in Gwinnett (BD Bard and Sterigenics) and Cobb County (Sterigenics). The initial filings are on behalf of a small number of the almost 200 clients diagnosed with cancer who are represented by the team.
• Darren Penn of Penn Law and Michael Geoffroy with MG Law have filed suits against BD Bard claiming the Ethylene Oxide gas released into the air around the Covington-based plant contributed to an increased cancer diagnosis among residents.
• Cale Conley with Conley Griggs Partin, Rob Hammers with Schneider Hammers, Drew Ashby with The Ashby Firm, and Sharon Zinns with Zinns Law have filed similar suits against Sterigenics, a Smyrna-based medical sterilization company.
Ethylene Oxide and Georgia
In 2016, the Environmental Protection Agency (EPA) completed a 10-year study into Ethylene Oxide finding the chemical was 30 times more likely to cause certain cancers than scientists had previously believed.
• A report by the EPA, the National Air Toxics Assessment, found Georgia has three areas of increased cancer risk from Ethylene Oxide.
• Two areas are in Smyrna where Ethylene Oxide reportedly causes approximately 70 of the extra 114 cases of cancer for every million people exposed over their lifetime.
• In Covington, Georgia, the home of BD Bard, the increased risk is about 170 of 214 cases for every million people exposed.
• The EPA rules the pollution risk unacceptable when it surpasses 100 cases for every million people exposed to a chemical.
Background Information on Plaintiffs
BD Bard
Gena McLendon worked at an assisted living facility three miles from the BD Bard plant for 19 years (1996-2019). Before that (1988-1996), she was employed by Piedmont Newton Hospital one mile from the Covington facility. In May 2019, she was diagnosed with Smoldering Myeloma. In July of 2019, she was diagnosed with Multiple Myeloma.
The plaintiff alleges Gina’s cancer was a result of her exposure to Ethylene Oxide that was stored on, used in and emitted from the Covington plant. The lawsuit claims include negligence that BD Bard emitted excessive volumes of Ethylene Oxide and used EtO instead of safer options. A public nuisance claim is also made that BD Bard failed to warn residents and those working near the facility of the dangers present.
Sterigenics
Quinn Buczek lived for more than ten years in a home less than five miles from the Sterigenics facility in Smyrna and attended school for years at The Lovett School, just two miles from Sterigenics. Quinn was a star lacrosse player for the Lovett Lions and dreamed of a Division I scholarship. But those dreams were cut short in the spring of his senior year when he was diagnosed with B-Cell Acute Lymphoblastic Leukemia at the age of 18. In his lawsuit filed in Gwinnett County on September 4, Quinn contends that carcinogenic EtO emissions from Sterigenics that he unwittingly breathed for years have caused him to develop — and continue to suffer from — leukemia.
Davina Brewer works in the healthcare field in Atlanta and for nearly 20 years lived in an apartment just a mile from the Sterigenics plant. At the age of 44, Davina was diagnosed with breast cancer, and in particular invasive ductal carcinoma, which required chemotherapy, radiation, and surgical intervention. In her lawsuit filed in Cobb County on September 4, Davina contends that carcinogenic EtO emissions from Sterigenics are what triggered her breast cancer and have caused her significant physical and mental suffering.
Stephen Douglass has lived between two and five miles from the Sterigenics facility since 2010. In August of 2018, Stephen was diagnosed with Non-Hodgkin Lymphoma. He was only 34 years old at the time of his diagnosis. Stephen still lives in Smyrna with his wife and three-year-old daughter. He alleges that his cancer was caused as a result of his exposure to Ethylene Oxide that was stored on, used in, and emitted from Sterigenics.
Roxanne and Adam Gil became parents on March 2, 2017, when their daughter Olivia was born. That same month, they moved to Rosemont Vinings Ridge Apartment Complex, which is 3.12 miles from the Sterigenics facility. Unbeknownst them, Olivia’s newborn lungs were breathing in Ethylene Oxide. Olivia began experiencing serious medical issues early-on, and she was ultimately diagnosed with acute lymphoblastic leukemia in May 2019, shortly after her second birthday. During this time, Roxanne and Adam became parents again, having their daughter Roslyn on February 6, 2019. Roslyn also began suffering medical issues early-on and has since been diagnosed with a heart defect, other physical defects, adrenal abnormalities, and developmental delays. Roxanne and Adam, on behalf of their children, want to hold Sterigenics accountable for the harm that Ethylene Oxide, which was emitted from their facility, caused to their two young children, and which will forever alter all of their lives.
Law Firm Contacts
• Penn Law- Darren Penn – darren@pennlawgroup.com (Kim Speece, 404-849-6579)
• Conley Griggs Partin – Cale Conley – cale@conleygriggs.com
• Schneider Hammers – Rob Hammers – rob@schneiderhammers.com; (404) 245-1101
• The Ashby Firm – Drew Ashby – drew@ashbyfirm.com; (404) 777-7771
• Zinns Law – Sharon Zinns – sharon@zinnslaw.com; (404) 882-9002
• MG Law Firm – Michael Geoffroy – michael@mg4law.com (770) 988-5252