Nelson v. American Sterilizer Co.

Neff, RJ.

This tort action arises from plaintiffs inhalation exposure to a chemical known as ethylene oxide (EtO), a fumigant used, among other things, for sterilizing heat and moisture sensitive medical equipment. The trial court barred plaintiffs experts from testifying regarding the issue of causation, after ruling that the experts’ conclusion that chronic, low-level inhalation exposure to EtO causes steatohepatitis in humans lacked sufficient scientific grounding. The court then dismissed plaintiff’s action. In our original opinion, we found, in part, that the trial court had erroneously…