Covington, Georgia — A landmark trial centered on claims of hazardous chemical exposure has begun, marking a significant moment in a series of lawsuits over the use of ethylene oxide at a local sterilization facility. The case is the first to go to trial among hundreds filed against major medical device manufacturers Bard and BD, both of which are accused of negligence related to their operations.
The plaintiff, 75-year-old Mike Walker, is a retired truck driver who alleges that his repeated exposure to ethylene oxide, a cancer-linked chemical, while picking up sterilized medical products from the facility from 1970 to 1999 has contributed to his health issues. Walker contends that the carcinogen permeated the products he handled and polluted the air for residents in the community, which is located less than a mile from downtown Covington.
According to Walker’s legal team, the Covington facility, once one of the largest medical sterilization plants in the United States, has used over 9.7 million pounds of ethylene oxide. Bard, which was acquired by BD in 2017, did not implement emissions controls at the site until 1990, despite earlier warnings regarding the chemical’s dangers.
Walker has undergone extensive medical treatment costing approximately $2.3 million, including numerous chemotherapy cycles and a stem cell transplant. The U.S. Environmental Protection Agency acknowledges that ethylene oxide can elevate cancer risks, a claim Walker’s attorneys highlight as central to their case.
Defense attorneys for Bard and BD assert that the facility has consistently operated within the bounds of state and federal regulations, maintaining that Walker’s cancer was not caused by their practices. They emphasize that the safety of their operations has been a priority, with a commitment to health standards.
Legal records reveal that more than 400 lawsuits similar to Walker’s are currently pending against Bard and BD related to the Covington plant, located at 8195 Industrial Blvd. The area is in close proximity to schools, churches, and residential neighborhoods, further intensifying public scrutiny of the facility.
BD claims its operations are vital, stating that ethylene oxide is essential for the safe sterilization of over 375 million medical devices annually without risking damage to those products. However, public concern has escalated since news reports in 2019 raised alarms about its association with cancer risks.
During the trial, testimony was provided by other Covington residents who also developed cancer and have filed lawsuits against the companies. Former employees defended the plant’s sterilization methods and safety protocols, emphasizing their commitment to the wellbeing of the surrounding community.
BD maintains that its operations have been approved by the Georgia Environmental Protection Division since at least 1974, arguing that ethylene oxide levels in Covington mirror those in both urban and rural areas across the country that are not near medical sterilization facilities.
The trial proceedings are being livestreamed for public access, reflecting the intense interest surrounding this significant legal battle.
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