Judge Declines to Apply New Lawsuit Limits in Georgia Chemical Exposure Trial

GWINNETT COUNTY, Ga. — A judge in Gwinnett County has refused to apply a new Georgia law that limits how damages can be presented to juries during the first major trial involving ethylene oxide exposure, a chemical linked to cancer. The law, signed by Governor Brian Kemp on April 21, took effect during the trial, which began a week earlier.

The case involves 75-year-old Gary Walker, a retired truck driver who alleges that decades of exposure to ethylene oxide emissions from a Covington sterilization facility caused his non-Hodgkin lymphoma. The facility was originally owned by C.R. Bard and is now operated by Becton, Dickinson and Company (BD).

State Court Judge Emily Brantley denied defense attorneys’ attempts to restrict the plaintiff’s closing arguments based on the new legislation. The law limits how plaintiffs can calculate and suggest monetary damages to a jury.

“I have to think it doesn’t apply to this case,” Brantley said in court, noting that the law took effect after the trial was already underway. “Does it apply to a case that’s almost finished?”

Plaintiff’s Lawyers Allege Long-Term Chemical Exposure

Walker’s attorneys asked jurors to award between $27 million and $32 million in damages. They said Walker developed cancer after years of living and working near the Covington facility, which released ethylene oxide into the air for decades without public warning. His treatment included ten cycles of chemotherapy and a stem cell transplant, with medical bills exceeding $2.3 million.

“For 22 years (between 1968 and 1990), ethylene oxide was uncontained and uncontrolled from the facility,” said Walker’s attorney Lindsay Forlines. She added that the company "left even their own employees in the dark."

Forlines argued that Bard and BD ignored warnings as early as the 1980s that ethylene oxide was linked to cancer. She said the company declined to measure emissions and concealed risks from both employees and residents.

Defense Claims Safe Operations and Regulatory Compliance

Lawyers for Bard and BD deny any wrongdoing. They argue the Covington plant followed all state and federal regulations and that ethylene oxide is necessary to sterilize many medical products. Eric Rumanek, an attorney for the companies, said, “This case is not about a bad or a dangerous process. It’s a lifesaving process.”

Rumanek told the jury that Walker's cancer was a naturally occurring condition and not caused by chemical exposure. He also noted that Walker’s time at the facility amounted to roughly 72 hours per year over his working life.

Broader Legal Implications for Georgia

Walker’s case is the first of over 400 lawsuits filed in Georgia against Bard, BD, and other sterilization companies like Sterigenics. Many of the cases claim that emissions from these facilities caused serious health issues, including cancer.

The trial’s outcome could influence future settlements and trials. Attorney Darren Penn, who represents Walker and hundreds of other plaintiffs, said the case is being closely watched.

Sterigenics settled over 70 Georgia lawsuits last year for $35 million before going to trial. A similar case in Illinois resulted in a $363 million jury award for a plaintiff exposed to ethylene oxide.

With the jury’s decision pending, the impact of Georgia’s new lawsuit restrictions on ongoing and future chemical exposure cases remains uncertain.