Terumo Blood and Cell Technologies – Mass Tort Defense

March 26, 2025

Terumo BCT Sterilization of Lakewood was found not negligent by a Jefferson County jury in a lawsuit alleging that its sterilization process released toxic ethylene oxide into surrounding neighborhoods, purportedly contributing to cancer diagnoses among local residents.[1]

Aubrey Corwin, M.S., L.P.C., C.R.C., C.L.C.P., was retained by Defense counsel at McFarland Litigation Partners and King & Spalding as an expert to provide Earning Capacity Evaluation and Life Care Planning opinions, providing expert reports on Plaintiffs.

Four women, representing a larger group of Plaintiffs suing Terumo and similar companies utilizing ethylene oxide (EtO), argued that the Lakewood facility failed to adequately prevent emissions of the chemical. The Plaintiffs sought damages related to their extensive medical expenses, physical impairment, and disfigurement. They contended that Terumo’s alleged negligence in emissions control played a role in their cancer diagnoses.

Defense relied on a team of experts, including scientific and medical professionals, to counter the claims made by the Plaintiffs. Regarding economic damages, Ms. Corwin and the VDI team provided key insights into the Plaintiffs’ earning capacity and future care needs, ensuring that any economic damages potentially sought were thoroughly evaluated to include:

A comprehensive evaluation assessing the reasonableness and necessity of the medical treatments and associated costs claimed by the Plaintiffs, as supported by medical records and retained medical experts alike;

Evaluation and rebuttal of economic damages put forth by Plaintiff experts;

That there was insufficient evidence to support an alteration of earning capacity or the impact of any alleged EtO exposure on the ability of the Plaintiffs to work and earn wages.

Following a lengthy trial with detailed testimony from competing scientific experts that focused primarily on liability, the jury determined that Terumo was not negligent. The verdict signified a crucial win for the company, reinforcing its stance that it adhered to all relevant health and safety regulations.

In a statement following the decision, Terumo expressed its commitment to the Lakewood community, emphasizing that many of its employees live and raise families in the area. The company reiterated its dedication to exceeding health and safety standards in the sterilization of lifesaving medical devices.

The case underscores the complexity of mass tort litigation involving environmental exposure claims and the importance of expert analysis in evaluating economic damages. The entire VDI team was pleased to have contributed to a favorable outcome in a highly scrutinized legal battle.