Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers may claim compensation for injuries. To be successful, the person who was injured must prove the railroad was negligent in causing the accident.
The evidence presented during the trial included the testimony of an toxicologist who used a variety of studies and the relative risk to prove that Harris's multiple myeloma was caused by the exposure to diesel exhaust.
Benzene Exposure
The exposure to benzene can be linked to a variety of hematopoietic malignancies, including Acute Myeloid Leukemia (AML), Acute Non-Lymphocytic Leukemia (ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer, it is a Group 1 Carcinogen. The chemical is found in diesel fumes and exhaust that many railroad workers are exposed to on a regular routine.
Some railroad workers are also exposed by cleaning products like CRC or Safety-Kleen. These cleaning agents contain a type benzene known as methylbenzene. When methylbenzene gets into contact with water, it's converted into a chemical called dioxin. Dioxins can cause lung cancer as well as other serious health problems.
Parker Waichman has successfully represented numerous railroad employees in personal injury lawsuits against their employers under FELA. For instance, a jury awarded an ex- Chicago and North Western Railroad worker $7.5 million for the diagnosis of acute myeloidleukemia after years of exposure to solvents and chemicals while working.
In a different case the plaintiff was diagnosed with multiple lymphoma following several years of employment as a railway signal maintenance technician. He claimed that his illness was caused by exposure to diesel exhaust, as well as benzene he had experienced during his work. BNSF filed an motion for summary judgment prior to the trial began on the claim that plaintiff knew or should've been aware that his cancer was the result of his exposure to environmental hazards and chemicals while working for the railroad.
Creosote Exposure
A poisonous chemical that is used as a wood preservative creosote has been linked to various cancers including skin and scrotal cancer. This substance is often a issue for railroad workers working on the maintenance and repairs of railway ties. The National Toxicology Program reported that workers who handled creosote had a higher risk than the general public of developing lethal forms of cancer.
In a recent court case, an employee of a railroad filed suit after being diagnosed with multiple myeloma. He claimed that his occupational exposure to diesel exhaust and other environmental dangers led to cancer. The court ruled the plaintiff was aware of any potential damage he could sustain because of his job as a railroad worker and could have found out about his injuries by conducting an extensive internet search before he was diagnosed. Because he failed to undertake this task his action is deemed to be time-barred.
In a different case, the railroad was successful in defending its verdict in a lawsuit filed in Philadelphia County by an ex-railroad employee. The plaintiff claimed that he was diagnosed with bladder cancer as a result of his exposure to smoke and other chemical substances such as diesel exhaust, and creosote.
Parker Waichman has also obtained defense verdicts in cases that involve other types of cancers including prostate and lung cancer. These cases were brought by former railroad employees who claimed their cancers were caused by a lifetime exposure to toxic chemicals at work. The firm is prepared to examine the facts of your case and provide your options.
Asbestos Exposure
Asbestos is a concern for railroad employees. The exposure is most often experienced when railroad workers work with railroad ties, or repair or install railway equipment. Asbestos exposure can cause mesothelioma, lung cancer, and other diseases.
In a case filed against CSX Transportation, plaintiff Ronald K. Harris claims that he developed multiple myeloma due to the effects of his work with the railroad. railroad workers cancer lawsuit , according to the lawsuit, worked on a daily basis for CSX Transportation in its Laredo railroad yard. As a result the worker breathed "harmful chemical substances, toxic chemicals, agents, fumes, particles, and other substances, including but not including diesel exhaust, welding fumes, creosote, carbon monoxide, phenols, dioxins, and heavy metals."
We successfully defended our client at the two-week trial of a jury in which it was alleged that the repetitive bent, lifting and twisting when working as a trackman caused lumbar disc herniation and a 25% permanent disability which resulted in loss of wages and pain and suffering. The railroad was not found to be negligent and the plaintiff was awarded a small award.
Environmental Exposure
Railroad workers are exposed a variety of environmental chemicals. The exposure can result in various health issues including multiple myeloma, based on the type and extent of the work. Contact Parker Waichman if you or someone in your family has been diagnosed with myeloma after working on railroads.
In a recent case a railroad worker received $7.5 million from a jury after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He filed a lawsuit against two major railroads, claiming that exposure to diesel exhaust and asbestos caused his health issues.
However, the railroads filed a summary judgement motion, arguing that the plaintiff was aware of the most important facts and potential causes of his injury at the time he was diagnosed. The court agreed and granted the railroads' motion, concluding that the plaintiff had failed to make a reasonably diligent inquiry into whether the health condition was related to his railroad employment.
The plaintiff presented expert testimony at trial from an industrial hygienist as well as epidemiologists. The expert witnesses claimed that Harris's myeloma was a result of his exposure to diesel exhaust. To prove this assertion the expert witness cited several studies that proved that there was a link between certain kinds of cancer and diesel exhaust. No reputable scientist, however, has ever concluded diesel exhaust to be the cause of multiple myeloma.