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West Virginia Resident Sues Union Carbide, Dow Chemical, Bayer Crop Science and Other Companies for Exposure to Cancer-Causing Ethylene Oxide

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A lawsuit filed in Kanawha County, West Virginia, alleges that Dow Chemical (NYSE: DOW), its Union Carbide subsidiary, Bayer Crop Science LP, and other companies caused Charleston resident Cathy Darlene Flint to contract multiple myeloma after prolonged exposure to ethylene oxide (EtO). The lawsuit, led by environmental attorney Stuart Calwell, claims that EtO, a known carcinogen, is found in high concentrations in the area due to the defendants' negligence in producing, storing, and using the chemical.

The suit also targets healthcare facilities for allegedly releasing EtO during medical equipment sterilization without proper pollution controls. The EPA identifies the area around Flint's home as being in the 95th to 100th percentile of Air Toxics Cancer Risks. The case seeks damages for health impacts and aims to achieve justice for other affected residents.

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  • Dow Chemical faces a lawsuit alleging negligence in handling ethylene oxide, potentially leading to significant legal and financial liabilities
  • The lawsuit may damage Dow's reputation and impact investor confidence
  • Potential for increased regulatory scrutiny and stricter environmental controls, possibly affecting Dow's operations and costs

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In the first of dozens of lawsuits to be filed by prominent environmental attorney Stuart Calwell, Charleston resident Cathy Darlene Flint seeks environmental justice for devastating exposure

CHARLESTON, W.Va., July 24, 2024 /PRNewswire/ -- A lawsuit filed last week in Kanawha County, West Virginia, alleges that Dow Chemical (NYSE: DOW), its Union Carbide subsidiary, Bayer Crop Science LP and other companies caused Charleston resident Cathy Darlene Flint to contract cancer after prolonged exposure to the dangerous chemical ethylene oxide (EtO). According to the lawsuit, EtO is found in high concentrations throughout the local area due to the defendants' reckless negligence in producing, storing and using the chemical.

A West Virginia lawsuit alleges that Cathy Flint contracted cancer after prolonged exposure to ethylene oxide.

Ms. Flint unwittingly spent decades inhaling the ethylene oxide gas that flooded her community, the lawsuit alleges. She has lived for more than 30 years directly across from the Union Carbide plant that used the compound in its manufacturing processes. She now has multiple myeloma, an incurable cancer of the plasma cells. She has undergone stem-cell treatment and ongoing rounds of chemotherapy in an attempt to stall the progression of the disease.

The lawsuit is led by prominent environmental tort attorney Stuart Calwell and his firm, Calwell Luce diTrapano PLLC.

Defendants include the manufacturers of EtO as well as other companies, including prominent healthcare systems such as Vandalia Health Systems, Inc., which operates the Charleston Area Medical Center, and Thomas Health System Inc., which operates WVU Medicine Thomas Hospitals in South Charleston. The lawsuit alleges that these healthcare facilities released the toxic gas into the air when sterilizing medical equipment — all the while knowing that their facilities operated without sufficient pollution-control systems and that the gas would spread throughout the surrounding community.

A Dangerous, Carcinogenic Gas

Ethylene oxide is a powerful, cancer-causing gas that is highly reactive, with widely acknowledged adverse effects when inhaled, including DNA mutations and blood cancers. The U.S. Environmental Protection Agency (EPA), National Toxicology Program, the World Health Organization (WHO), and the International Agency for Research on Cancer all classify EtO as a known human carcinogen. The chemical is undetectable in all but the highest concentrations, making it impossible for average Kanawha County residents to detect their exposure to the gas.

"Ethylene oxide is odorless, colorless and everywhere," attorney Stuart Calwell said. "Cathy Flint and hundreds of other local residents have unwittingly spent decades inhaling harmful amounts of EtO, simply by living at home, spending time in their yards, walking along the riverbank or neighborhood streets and boating on the Kanawha River."

"And the exposure continues to this very day," he added.

The EPA Environmental Justice Screening and Mapping Tool identifies the area around Ms. Flint's home as being in the 95th to 100th percentile of Air Toxics Cancer Risks.

Direct Venting into the Local Community

Among the more shocking claims, the lawsuit alleges that the defendants allowed unfiltered, purposeful venting directly into Kanawha Valley communities, even though emission controls such as catalytic oxidizer pollution control systems and scrubber systems were readily available.

Ms. Flint is seeking damages from the defendants for this pollution's devastating effects on her health, and hopes to see that other residents harmed by EtO can achieve justice as well.

Lead attorney Stuart Calwell of Calwell Luce DiTrapano is one of the most accomplished attorneys in the nation in toxic-poisoning cases, with a history of fighting for environmental justice for communities harmed by reckless pollution. Perhaps most notably, Calwell battled Monsanto for more than 20 years over its contamination of Nitro, West Virginia, with dioxin, a hazardous chemical used, among other purposes, to manufacture Agent Orange. That case finally settled for approximately $100 million (click here for more detail). Calwell also won $151 million against West Virgnia Amercan Water (WVAW) over the poisoning of the water supply in southern West Virginia.

The defendants are Dow Chemical Company, Union Carbide Corporation, Covestro LLC, Bayer Material Science, Bayer Polymers LLC, Bayer Crop Science LP, Specialty Products US LLC, Aventis Crop Science, Arco Chemical Company, Lyondell Chemical Company, Rhone Poulenc Institute Plant, Rhone Poulenc AG Company, Altivia Services LLC, Broughton Foods LLC, Broughton Foods Company, Mid-Atlantic Technology, Research & Innovation Center Inc., Vandalia Health Systems, Charleston Area Medical Center Inc. and Thomas Health System Inc.

The case is Cathy Darlene Flint v. Union Carbide, et.al. (Kanawha County Circuit Court, Case No. CC-20-2024-C-773). More information and a copy of the complaint can be found on the Calwell, Luce, diTrapano LLP website, here. Local residents who feel they have been injured should contact the firm at (800) 876-5529.

Media Contact: 

PRCG | Haggerty LLC


(212) 683-8100


Lucy O'Brien, lobrien@prcg.com


Thom Weidlich, tweidlich@prcg.com

 

Cision View original content:https://www.prnewswire.com/news-releases/west-virginia-resident-sues-union-carbide-dow-chemical-bayer-crop-science-and-other-companies-for-exposure-to-cancer-causing-ethylene-oxide-302205443.html

SOURCE Calwell Luce diTrapano PLLC

FAQ

What is the lawsuit against Dow Chemical (DOW) about?

The lawsuit alleges that Dow Chemical, its subsidiary Union Carbide, and other companies caused a Charleston resident to contract cancer due to prolonged exposure to ethylene oxide (EtO), a known carcinogen, through negligent handling and use of the chemical.

Who filed the lawsuit against Dow Chemical (DOW) and other companies?

Charleston resident Cathy Darlene Flint filed the lawsuit, led by prominent environmental attorney Stuart Calwell of Calwell Luce diTrapano PLLC.

What health effects are alleged in the lawsuit against Dow Chemical (DOW)?

The lawsuit alleges that exposure to ethylene oxide caused Cathy Darlene Flint to contract multiple myeloma, an incurable cancer of the plasma cells, requiring stem-cell treatment and ongoing chemotherapy.

What is the EPA's assessment of the area involved in the Dow Chemical (DOW) lawsuit?

The EPA Environmental Justice Screening and Mapping Tool identifies the area around the plaintiff's home as being in the 95th to 100th percentile of Air Toxics Cancer Risks.
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