Gwinnett Jury Awards $20 Million to Covington Cancer Victim in Landmark Case Against Medical Sterilization Giant – Mistrial declared in second trial phase after additional $50 Million in Punitive Damages awarded.
Lawrenceville, GA – In a decisive and precedent-setting verdict, a Gwinnett County jury awarded $20 million in damages to Gary Walker, a retired truck driver and longtime Covington resident, who developed non-Hodgkin lymphoma after decades of exposure to toxic emissions from a medical sterilization plant in Covington, Georgia. The jury found the plant’s owners, C.R. Bard, now a subsidiary of Becton, Dickinson and Company, liable for causing Walker’s cancer, sending a powerful message about corporate responsibility and public health.
After determining that punitive damages were warranted against Bard, the jury proceeded with the Punitive Damages phase of the trial, awarding an additional $50 million dollars and initially finding that Bard had acted with “specific intent to cause harm.” After the Court polled the jury to confirm the unanimity of their verdict, a sole juror stated the finding of “specific intent to cause harm” was not their verdict. A mistrial was then declared on the issue of punitive damages only. Attorneys for Mr. Walker expect to return at a later date, with a new jury, to once again make their case for punitive damages.
The trial is the first among hundreds of lawsuits filed by Georgia residents who claim they were exposed to ethylene oxide (EtO), a known cancer-causing carcinogen emitted by Bard’s Covington facility.
“This verdict is not just a win for Gary Walker, it’s a message to Bard and Becton Dickinson that Covington families have a right to clean, toxic-free air,” said Michael Geoffroy, attorney for Gary Walker.
Court documents revealed that Bard used more than 9.7 million pounds of ethylene oxide since the plant opened in 1967. Internal warnings about the chemical’s cancer-causing properties surfaced as early as the 1980s. Yet the company failed to install emissions controls until 1990, far too late for Walker and countless others. Even after those controls were installed, Bard did nothing to prevent the release of fugitive EtO emissions as their sterilized products sat in local warehouses. Bard also failed to test the air outside its plant for the dangerous chemical for decades until the City of Covington paid for testing in 2019 that revealed dangerous levels of ethylene oxide.
Walker underwent surgery and chemotherapy after his diagnosis in 2017. His cancer is currently in remission. “I was just doing my job,” said Gary Walker, who began transporting products from the Covington facility in the early 1970s. “I had no idea I was breathing this chemical. No one from Bard ever warned me. Our family is thankful and relieved by this verdict.”
“This case is just the beginning,” added Geoffroy. “We’re committed to seeking justice for every family harmed by Bard’s reckless disregard for community health. If you lived or worked near the Covington facility and were harmed, you deserve accountability.”
The outcome of this trial is expected to set the tone for hundreds of similar lawsuits across Georgia, including in Covington, Smyrna, and Augusta, where sterilization facilities using ethylene oxide are also being taken to court.
Michael Geoffroy’s law practice focuses on auto collisions, premises liability, wrongful death, and catastrophic injury. He stands up for the cause of justice throughout Georgia and on behalf of his clients every day. He is a leader in both the courtroom and the community, having been recognized numerous times for his involvement in each.