Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are entitled to file lawsuits to recover compensation for their injuries. To be successful, the injured person will need to prove that the railroad was negligent in causing injury.
The evidence in the trial included the testimony of a toxicologist, who used various studies and relative risk factors to demonstrate that Harris's multiple myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
Benzene exposure is associated with a variety of hematopoietic cancers, including Acute Myeloid Leukemia (AML), Acute Non-Lymphocytic Leukemia (ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer (IARC) the chemical it is classified as a Group 1 carcinogen. The chemical is found in diesel exhaust and fumes that many railroad workers are exposed to on a daily routine.
Railroad workers may also be exposed by cleaning products such as CRC or Safety-Kleen. These kinds of cleaning agents typically contain a kind of benzene called methylbenzene. The methylbenzene can be converted into a chemical known as dioxin when it comes into contact with water. Dioxins are a class of substances that can lead to numerous health problems which include lung cancer.
Parker Waichman has represented railroad employees in personal injury lawsuits against their employers, as part of the FELA. A jury awarded $7.5 million to a former Chicago and North Western Railroad employee who was diagnosed with acute myeloid cancer following years of exposure.
Another instance involved a plaintiff who was diagnosed with myeloma after working as an engineer in the maintenance of railroad signals for a number of years. The plaintiff claimed that his condition was caused by exposure to diesel exhaust and benzene exposure he experienced on the job. BNSF filed a summary judgement motion prior to the trial started on the theory plaintiff knew or should've been aware that his cancer was caused by exposure to chemicals and environmental hazards while working for the railroad.
Creosote Exposure
A poisonous chemical that is that is used as a wood preservative creosote has been associated with various cancers, including skin and scrotal cancer. Railroad workers who worked on the maintenance and repair of railway ties are regularly exposed to this substance. The National Toxicology Program reported that those who handled creosote were at a higher risk than the general population of developing fatal forms of cancer.
In a recent court case, railroad workers sued after being diagnosed with multiple myeloma. He claimed that work-related exposure to diesel exhaust and environmental dangers caused cancer. The court determined that the plaintiff was aware of the potential harm from his railroad work and could have discovered the injury by conducting a fairly thorough internet search prior to the time he was diagnosed. Because he failed to do this his claim is time-barred.
In a separate instance, the railroad won its defense verdict in a lawsuit filed in Philadelphia County by an ex-railroad worker. The plaintiff claimed that he had developed bladder cancer as a result of being exposed to smoke and other chemical substances such as diesel exhaust and creosote.
Parker Waichman has also secured defense verdicts in cases involving different types of cancers including lung and prostate cancer, brought by former railroad workers who claimed their cancers were a result of years of exposure to toxic chemicals at work. The firm is prepared to review your case's details and explain your options.
Asbestos Exposure
Railroad employees can be exposed to asbestos while working. Workers are exposed to asbestos when they handle railroad ties, repair or install railway gear or work on railroad ties. Asbestos exposure can result in mesothelioma and lung cancer and other diseases.
In a case filed against CSX Transportation, plaintiff Ronald K. Harris alleges that he was diagnosed with multiple myeloma as a result of his work with the railroad. Harris, according to the suit, worked every day for CSX Transportation in its Laredo railroad yard. Harris breathed "harmful and toxic fumes, chemicals, and agents including but not limited diesel exhaust, welding fumes and creosote.
We successfully represented our client in an two-week jury trial in which it was claimed that repetitive bending, lifting and twisting during the course of work caused herniated lumbar disks and a 25% permanent disability that resulted in a loss of wages as well as suffering and pain. The railroad was found not to be negligent, and the plaintiff was awarded a modest award.
Environmental Exposure
Railroad workers are exposed a number of different environmental chemicals. Based on the type of work done, this exposure can lead to numerous health problems, including multiple myeloma. Contact Parker Waichman if you or a family member has been diagnosed with myeloma following working on a railroad.
In a recent case, a railroad worker was awarded $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 in the claim that their exposure to asbestos and diesel exhaust caused health issues.
However the railroads brought a summary judgement motion, arguing that the plaintiff was aware of crucial facts and the possible causes of his injury by the time he was diagnosed. union pacific railroad lawsuits sided with the railroads and granted their motion concluding that the plaintiff has not conducted a reasonable investigation to determine whether his condition was connected to his employment at a railroad.
At trial the plaintiff offered expert testimony from an industrial hygiene specialist and epidemiologists. Expert witnesses claimed that Harris's myeloma resulted of the exposure he received to diesel exhaust. To prove this assertion the expert witness cited various studies that showed that there was a link between certain kinds of cancer and diesel exhaust. However, no reputable scientist has ever concluded that diesel exhaust is a cause of multiple myeloma.