Key Ethylene Oxide Claims in Puerto Rico to Proceed; Milberg, Along with Class Counsel Firms, Calls Ruling a Major Step for Environmental Justice
SAN JUAN, Puerto Rico, Oct. 29, 2025 /PRNewswire/ -- National plaintiffs' firm Milberg Coleman Bryson Phillips Grossman PLLC, together with its co-counsel firms, announced today that the U.S. District Court for the District of Puerto Rico has allowed negligence and nuisance claims to proceed in a landmark environmental class action alleging widespread exposure to the carcinogen ethylene oxide (EtO) from multiple medical-device sterilization plants across the island.
The ruling in Jeanette Pérez-Maceira et al. v. Customed Inc. et al., No. 3:23-cv-01445 (D.P.R.), denies dismissal of key counts and clears the way for discovery on behalf of a putative class of hundreds of thousands of residents, workers, and students within a four-mile radius of sterilizer facilities operated by Steri-Tech Inc. (Salinas), Medtronic P.R. Inc. (Villalba), and Customed Inc. (Fajardo).
National Attention on Puerto Rico's EtO Burden
Puerto Rico is home to multiple EtO sterilization facilities, and several—Steri-Tech, Customed, Medtronic, and Edwards Lifesciences—have been identified as elevated-risk sites for nearby communities. Independent scientific assessments have further highlighted Puerto Rico as a "sterilizer hotspot," with overlapping exposure zones and disproportionate burdens in communities with fewer resources.
"Ethylene oxide is an ordinarily undetectable gas that can change lives in silence," said Marc Grossman, Senior Partner at Milberg. "Today's decision brings us one step closer to delivering accountability, transparency, and health protection for the people of Puerto Rico."
Seeking Medical Monitoring and Accountability
Notably, the Court rejected Defendants' arguments to dismiss Plaintiffs' requests for a defendant-funded, court-supervised medical monitoring program—a remedy aimed at early detection and preventive care for residents who may face latent risks. In addition to medical monitoring, plaintiffs seek compensatory relief and injunctive measures to reduce ongoing exposures and protect public health.
About Milberg Coleman Bryson Phillips Grossman
For more than fifty years, Milberg has been a global leader in class-action, mass-tort, and environmental-justice litigation—securing billions in recoveries and driving reforms in corporate accountability and public health. Learn more at milberg.com.
About Napoli Shkolnik
Napoli Shkolnik is a nationally recognized law firm representing plaintiffs in complex environmental and toxic-tort cases, including major water-contamination and community-exposure matters. Learn more at napolilaw.com.
About 1-800-LAW-FIRM
Founded by Ari Kresch in 1996, 1-800-LAW-FIRM consists of a team of seasoned lawyers who strongly believe in holding companies that put profits over people accountable for their actions. By joining forces with the nation's best law firms to litigate claims against companies, 1-800-LAW-FIRM is built on the core values of integrity, honesty, and transparency. Learn more at 1800lawfirm.com.
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SOURCE Milberg Coleman Bryson Phillips Grossman PLLC
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