Covington, Georgia — A jury has awarded a total of $70 million in damages to a plaintiff in a substantial case involving allegations of cancer linked to ethylene oxide exposure from a local sterilization facility. The decision includes $20 million in compensatory damages as well as an additional $50 million aimed at punishing the companies involved.
Despite the financial award, the jury faced challenges determining whether the companies had intended to cause harm. Joy Buffington, a juror, expressed that the group struggled with this aspect of the case and ultimately reached a decision that did not reflect unanimous beliefs regarding intent. Buffington remarked on the integrity shown by her fellow jurors, acknowledging that they were told a unanimous decision was necessary.
Judge Emily Brantley declared a mistrial regarding the punitive damages, allowing for a new jury to be selected to retry that portion of the case. Buffington explained that learning about the broader context of Walker’s case—one of over 400 similar lawsuits regarding the Covington facility—after their deliberation could have influenced their verdict. Jurors were not made aware of the volume of pending cases during the trial, although they heard testimonies from other plaintiffs related to ethylene oxide exposure.
Walker, who is 75 years old, has expressed gratitude toward the jurors and judicial system. His attorneys have highlighted the significant implications of the jury’s decision for other cancer victims in the area who believe they have suffered due to the operations of the sterilization facility. Michael Geoffroy, Walker’s attorney, emphasized the societal responsibility tied to a history of alleged negligence by the companies involved, stating that it must not go unchallenged.
The case centers on Walker’s claim that his non-Hodgkin lymphoma resulted from years of exposure to ethylene oxide while living near the facility from 1970 to 2017. He had worked as a truck driver, frequently transporting sterilized medical products. Ethylene oxide is recognized as a carcinogen by federal health authorities, and millions of pounds of it have reportedly been utilized at the Covington facility, which opened in 1967.
Bard and Becton Dickinson (BD), the companies operating the facility, defend their practices, arguing that they have complied with federal and state regulations and invested heavily in emissions control technologies. They assert that air quality tests demonstrate that ethylene oxide levels in the area are safe.
Travis Anderton, BD’s vice president of sterilization, noted that more than $55 million has been spent on improving emissions controls since acquiring Bard in 2017. The facility was once among the largest sterilization plants in the nation but faced scrutiny over the environmental and health impacts of its operations, particularly in its earlier years.
As this particular trial concludes, it sets a precedent that could influence the nearly 400 similar lawsuits pending against Bard and BD within Georgia. The outcomes of these cases may further shed light on the responsibilities companies hold for public health and safety.
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