Delaware Supreme Court Requires Physical Symptoms for Toxic Tort Claims in Recent Ethylene Oxide Decision

The Delaware Supreme Court recently ruled that individuals exposed to toxic chemicals, such as Ethylene Oxide (EtO), must show physical symptoms of illness before being able to claim a legally recognizable injury in a toxic tort lawsuit. This decision aligns with a 2021 Delaware federal court ruling that required tangible physical symptoms for such claims, rather than allowing cases based solely on the fear of disease. This stance differs from neighboring states like Maryland, Pennsylvania, and New Jersey, which allow lawsuits based on an increased risk of illness from pollution. This approach is seen as beneficial for businesses and aims to prevent unnecessary court congestion by demanding a demonstrable link between exposure and physical symptoms.

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