Philadelphia Jury Clears B. Braun Medical of Cancer Claims Linked to Facility Emissions
America ı By Rochdi Rais
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A Philadelphia jury has found B. Braun Medical Inc. not liable for causing leukemia in a neighbor due to emissions from its Pennsylvania manufacturing plant. Christopher Glass, who lived near the company's facility in Hanover Township, Lehigh County, was among several plaintiffs who claimed that exposure to ethylene oxide, a chemical used for sterilizing medical equipment, led to their cancer diagnoses.
After a 21-day trial in the Philadelphia Court of Common Pleas, the jury concluded that B. Braun and its related companies were not negligent in the operation of their plant, clearing the company of the accusations.
Jennifer Adams of Hogan Lovells, representing B. Braun, expressed satisfaction with the verdict. “We are extremely gratified to have obtained this important victory on behalf of B. Braun,” she told Law360. “Throughout its history in Allentown, PA, B. Braun has operated safely and with the welfare of its patients, community, and employees in mind.”
Glass was one of 16 individuals who filed lawsuits against B. Braun in May 2021, alleging that the company had knowingly allowed harmful levels of ethylene oxide to escape from its plant for decades, despite the chemical’s link to cancer. Glass ultimately passed away from leukemia, and his wife and estate continued to pursue the case.
The lawsuits, which have now expanded to around 75 cases, claim that B. Braun used ethylene oxide at its facility since the late 1980s. Over the years, the chemical received numerous cancer designations, including from the U.S. Environmental Protection Agency (EPA) in 2016. Plaintiffs argue that B. Braun accounted for nearly all ethylene oxide emissions in Pennsylvania in 2014 and contributed significantly to the chemical’s release in the U.S.
According to the lawsuits, people living and working near the plant had an increased risk of developing cancer, with some alleging their chances were 200 times higher than the state average. The cases were consolidated for pretrial motions in October 2021, with Glass’s case being the lead. Other lawsuits are scheduled for trial in 2025.
Counsel for the plaintiffs did not respond to requests for comment after the verdict. B. Braun is represented by Brittany C. Armour, Jennifer Adams, and Blake Jenkins of Hogan Lovells, along with Kenneth Murphy of DLA Piper LLP and Sharon L. Caffrey of Duane Morris LLP. The plaintiffs' team includes Shanin Specter, Frank Mangiaracina, Aaron L. Dunbar, Benjamin O. Present, and others from Kline & Specter PC.
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