Ethylene Oxide Litigation Amendments

SB 266 creates a new legal process for people seeking compensation after ethylene oxide exposure by establishing an "exclusive" civil cause of action. It directly affects individuals exposed to ethylene oxide (including those who allege potential or feared exposure) and healthcare businesses (like medical device manufacturers and sterilizers) that use the chemical. The bill grants healthcare businesses immunity from lawsuits unless a plaintiff proves, by a preponderance of evidence, that the business was not substantially compliant with U.S. ethylene oxide regulations, engaged in gross negligence or willful misconduct, and that this directly caused injury. It also requires detailed lawsuit filings and explicitly preempts other state personal injury laws related to ethylene oxide exposure, while preserving workers' compensation claims. The law takes effect May 7, 2025.