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Senate amends litigation standard for ethylene oxide cases, requires more specificity in complaints
Summary
Senate Bill 266 changes pleading standards and evidence thresholds in lawsuits involving ethylene oxide exposure, revising the standard of proof and adding complaint-specificity requirements; the Senate passed the measure after floor amendment.
SALT LAKE CITY — The Utah Senate amended and passed legislation affecting civil litigation over ethylene oxide exposure in the state’s medical device and sterilization industries.
Sen. Collymore sponsored Senate Bill 266 and moved an amendment that changed the burden-of-proof language in the draft from a "clear and convincing" standard to a "preponderance of the evidence" standard, aligning it more closely with ordinary civil litigation, the sponsor said.
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