Highest Reported Illinois Verdict or Settlement since 2022 TLE Awards
Deft Sterigenics operated a commercial facility in Willowbrook where they ster- ilized medical equipment. The process involved the use of ethylene oxide to sterilize the equipment. Ethylene oxide is a flammable, colorless, and odorless chemical gas classified by the EPA as a hazardous air pollutant. Pltf and her family lived less than a half-mile from the plant since 1985, less than a year after Sterigenics (formerly Micro-Biotrol Inc.) began operations at the site. Pltf was diagnosed with breast cancer in 2007 when she was 55 years old. She required surgery, several rounds of chemotherapy, and dozens of rounds of radiation. Pltf had no family history that would make her genetically predisposed to can- cer, and she enjoyed an active healthy lifestyle prior to her diagnosis. Pltf F-70 retiree is currently in remission. Pltf’s counsel asserted that Sterigenics was aware of the significant health risks from exposure to ethylene oxide emissions into the environment, but despite that knowledge they continued to emit exces- sive amounts of the carcinogenic substance for decades without warning the community. Pltf introduced evidence that Sterigenics and its parent companies (deft Griffith 1985-1999, deft Sotera since 2004) used capital to increase their production capacity without instituting better pollution controls at the facility, and that Sterigenics/Griffith contested studies and regulatory efforts in order to maintain profitability. The defense argued Sterigenics’ emission levels com - plied with state permits and regulations, ethylene oxide is a weak carcinogen incapable of causing cancer at environmental levels, adding various pollution controls was unnecessary since there was no danger to the community from the low levels of exposure, and certain pollution control equipment increased the risk of an explosion thereby endangering employees. The defense further maintained extensive medical literature showed associations with cancer only at exposure levels 1,000 times greater than pltf’s exposure, and science and medical literature did not support pltfs’ claims. Griffith argued it should not be held responsible for the actions of its subsidiary since Griffith did not directly operate the plant. The facility has been shut down since 2019. Pltf asked the jury to award $21,000,000 compensatory plus $325,000,000 punitive damages. This is the first Illinois trial against Sterigenics; hundreds of other lawsuits are pending. The trial was the subject of Chicago Daily Law Bulletin articles on Sep- tember 19 and 20, 2022. COMPARISON: The $363,000,000 award is the high- est total Illinois verdict for an individual plaintiff in JVR records. Previous high was $250,000,000 ($50,000,000 compensatory, $200,000,000 punitive), a 2003 Madison County asbestos trial (see 03 Ap/1). Salvi, Schostok & Pritchard was established by attorney Patrick A. Salvi in Lake County, Illinois in 1982. Today, the firm has offices in Chicago and Waukegan, 19 lawyers, and is supported by more than 35 staff members. Salvi, Schostok & Prichard represents clients in a variety of medical malpractice, personal injury and wrongful death cases. From years of experience handling medical malpractice cases, the firm has developed relationships with many of the nation’s leading medical and scientific experts. The firm has secured more than $2 billion in verdicts and settle - ments, including more than 340 cases resulting in awards of $1 million or more.
Lance D. Northcutt Lance D. Northcutt is a trial lawyer and partner at Salvi, Schostok & Pritchard, P.C. where he focuses his practice on cases concerning catastrophic personal injury, wrongful death, civil rights, and mass torts. A former Cook County prosecutor and law enforcement officer, Mr. Northcutt draws upon his diverse background in complex litigation and legal knowledge to deliv- er results in his personal injury practice. Mr. Northcutt has represented clients in cases through trial, on appeal, and before the Illinois Supreme Court on a wide range of matters, including large-scale investiga- tions and the representation of lawyers and judges before regulatory bodies. In 2022, Mr. Northcutt was appointed to the Illinois Supreme Court Committee on Professional Responsibility, which advises and makes recommendations on matters relating to legal ethics and professional re- sponsibility. From 2015- 2021, Mr. North- cutt served as a Commissioner on the Il- linois Supreme Court’s Commission on Professionalism.
66 JURY VERDICT REPORTER • 2023 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
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