Ethylene Oxide Statistics in Fort Myers
American Contract Systems
Facility operator
2023
Scrubber installation year
Pending in state and federal court
Active litigation status
45,000+
Community population within 3-mile radius
Courts in Fort Myers, Florida
Lee County Circuit Court — 20th Judicial Circuit
1700 Monroe St, Fort Myers, FL 33901
U.S. District Court — Middle District of Florida (Fort Myers Division)
2110 First St, Fort Myers, FL 33901
Hospitals & Trauma Centers in Fort Myers
Lee Health Regional Cancer Center
8931 Colonial Center Dr, Fort Myers, FL 33905
Liability Considerations in Fort Myers
Pre-Scrubber Emissions and Community Exposure
American Contract Systems operated its Fort Myers EtO sterilization facility for years without advanced emission controls. During this period, ethylene oxide was released into the surrounding Lee County community, exposing residents to a known carcinogen at levels exceeding EPA's acceptable risk thresholds. The installation of a scrubber system in 2023 was a direct response to community pressure and regulatory scrutiny, but it does not remediate the harm already caused to residents who were chronically exposed during the pre-scrubber era.
EPA air monitoring data and facility TRI filings document the volume and duration of EtO emissions prior to 2023. Residents who lived within several miles of the facility during the uncontrolled emission period and have been diagnosed with lymphoma, breast cancer, leukemia, or other EtO-linked cancers have the strongest claims. The pre-scrubber period is the critical exposure window for litigation purposes.
Florida Tort Reform and Its Impact on EtO Claims
Florida enacted significant tort reform in 2023 (HB 837) that imposed new burdens on negligence claimants, including a modified comparative negligence standard that bars recovery for plaintiffs more than 50% at fault. While comparative negligence is rarely an issue in environmental toxic tort cases (residents did nothing to cause their own exposure), the tort reform also shortened the general statute of limitations to 2 years and imposed new requirements on expert evidence.
Despite these reforms, Florida's discovery rule for latent disease claims remains intact — the statute of limitations for cancer caused by toxic exposure begins at diagnosis, not at the time of exposure. Plaintiffs' attorneys are filing EtO claims in both Lee County Circuit Court and the Middle District of Florida to preserve all available theories, including strict liability, negligence, and nuisance. The federal venue may offer advantages for expert testimony admission under Daubert standards.