West Virginia Resident Sues Union Carbide, Dow Chemical, Bayer Crop Science and Other Companies for Exposure to Cancer-Causing Ethylene Oxide
Rhea-AI Summary
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
News Market Reaction
On the day this news was published, DOW declined 1.39%, reflecting a mild negative market reaction.
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In the first of dozens of lawsuits to be filed by prominent environmental attorney Stuart Calwell,
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
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
"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
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.
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SOURCE Calwell Luce diTrapano PLLC