Enrolled Copy S.B. 266
1
Ethylene Oxide Litigation Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore
House Sponsor: Jordan D. Teuscher
2
3
LONG TITLE
4
General Description:
5
This bill creates a civil cause of action for ethylene oxide exposure.
6
Highlighted Provisions:
7
This bill:
8
▸ creates an exclusive, civil cause of action for ethylene oxide exposure;
9
▸ provides immunity from suit to individuals or businesses in the healthcare industry in
10
relation to the use of ethylene oxide, with limited exceptions;
11
▸ provides requirements and procedures for claims and pleadings;
12
▸ provides that the enacted chapter is the exclusive remedy for ethylene oxide exposure
13
actions;
14
▸ provides transitional language;
15
▸ provides that the enacted chapter supersedes other personal injury or related laws; and
16
▸ provides that the enacted chapter does not affect workers' compensation claims or
17
programs.
18
Money Appropriated in this Bill:
19
None
20
Other Special Clauses:
21
None
22
Utah Code Sections Affected:
23
ENACTS:
24
78B-3-1201, Utah Code Annotated 1953
25
78B-3-1202, Utah Code Annotated 1953
26
78B-3-1203, Utah Code Annotated 1953
27
78B-3-1204, Utah Code Annotated 1953 S.B. 266 Enrolled Copy
28
29
Be it enacted by the Legislature of the state of Utah:
30
Section 1. Section 78B-3-1201 is enacted to read:
31
CHAPTER 12. ETHYLENE OXIDE EXPOSURE
32
78B-3-1201 . Definitions.
33
As used in this part:
34
(1)(a) "Healthcare industry" means the economic sector composed of entities,
35
organizations, services, individuals, and professionals involved in providing medical
36
care and support to individuals, including maintaining and improving public health,
37
diagnosing and treating diseases, and promoting the well-being of individuals.
38
(b) "Healthcare industry" includes the manufacturing, sales and distribution,
39
sterilization, storage, and transportation of medical devices.
40
(2) "State law" includes:
41
(a) statutes;
42
(b) regulations;
43
(c) rules; and
44
(d) standards that are enacted, promulgated, or established under common law.
45
Section 2. Section 78B-3-1202 is enacted to read:
46
78B-3-1202 . Requirements for liability for exposure to ethylene oxide --
47
Limitation on liability.
48
Notwithstanding any other provision of law, and except as otherwise provided in this
49
part, no person engaged in business in the healthcare industry shall be liable in any ethylene
50
oxide exposure action unless the plaintiff can prove by a preponderance of the evidence that:
51
(1) in engaging in the business, the person was not in substantial compliance and was not
52
making reasonable efforts in light of all the circumstances to be in substantial
53
compliance with the applicable United States government laws, regulations, or standards
54
related to ethylene oxide in effect at the time of the actual, alleged, feared, or potential
55
exposure to ethylene oxide;
56
(2) the person engaged in gross negligence or willful misconduct that caused an actual
57
exposure to ethylene oxide; and
58
(3) the actual exposure to ethylene oxide was the direct and proximate cause of the personal
59
injury of the plaintiff.
60
Section 3. Section 78B-3-1203 is enacted to read:
61
78B-3-1203 . Claim procedures -- Pleading requirements.
- 2 - Enrolled Copy S.B. 266
62
In any ethylene oxide-related action:
63
(1) the complaint shall:
64
(a) plead each element of the plaintiff's claim with particularity; and
65
(b) plead each alleged act or omission constituting gross negligence or willful
66
misconduct that resulted in personal injury, harm, damage, breach, or tort with
67
particularity;
68
(2) if monetary damages are requested, a plaintiff shall file with the complaint a statement
69
of specific information as to the nature and amount of each element of damages and the
70
factual basis for the damages calculation; and
71
(3) if a claim is asserted on which the plaintiff may prevail only on proof that the defendant
72
acted with a particular state of mind, a plaintiff shall file with the complaint, with
73
respect to each element of that claim, a statement of the facts giving rise to a strong
74
inference that the defendant acted with the required state of mind.
75
Section 4. Section 78B-3-1204 is enacted to read:
76
78B-3-1204 . Application and preemption -- Exclusive cause of action --
77
Transition clause -- Preemption of other law -- Workers' compensation applicability not
78
affected.
79
(1) This part creates an exclusive cause of action for ethylene oxide exposure actions.
80
(2) A plaintiff may prevail in an ethylene oxide exposure action only in accordance with the
81
requirements of this part.
82
(3) The provisions of this part apply to:
83
(a) any cause of action that is an ethylene oxide exposure action filed before May 7,
84
2025, and that is pending as of that date; and
85
(b) any ethylene oxide exposure action filed on or after May 7, 2025.
86
(4) This part preempts and supersedes any state law that is related to recovery for personal
87
injuries caused by actual, alleged, feared, or potential exposure to ethylene oxide.
88
(5) Nothing in this part shall be construed to affect the applicability of any state law
89
providing for a workers' compensation scheme or program, or to preempt or supersede
90
an exclusive remedy or defense under such scheme or program.
91
Section 5. Effective Date.
92
This bill takes effect on May 7, 2025.
- 3 -