Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers can sue to recover compensation for injuries. However, in order to be successful in bringing a claim the injured worker must prove that the railroad's negligence was the cause of their injuries.
The evidence presented during the trial included testimony from a toxicologist, who used different studies and risk factors to prove Harris's myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
Benzene is linked to various hematopoietic cancers, including Acute Myeloid Leukemia(AML), Acute Non-Lymphocytic Leukemia(ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer, benzene is a Group 1 Carcinogen. This chemical is present in diesel exhaust and fumes that many railroad workers are exposed to on a regular on a regular.
Additionally, some railroad workers are exposed to benzene through cleaning products such as Safety-Kleen and CRC. These kinds of cleaning agents typically contain a type of benzene referred to as methylbenzene. The methylbenzene converts to a chemical known as dioxin when it comes into contact with water. Dioxins are a group of substances that can cause various serious health issues including lung cancer.
Parker Waichman has successfully represented numerous railroad employees in personal injury cases against their employers under FELA. For example, a jury awarded an ex- Chicago and North Western Railroad worker $7.5 million for his diagnosis of acute myeloidleukemia following years of exposure to chemicals and solvents on the job.
In another instance, a plaintiff was diagnosed with multiple lymphoma resulting from many years of service as a railway signal maintenance technician. Leukemia lawsuit alleged his condition was caused by exposures to diesel exhaust and benzene which he was exposed to while on the job. BNSF filed a summary judgment motion before the trial started on the idea that plaintiff knew or should have knew that his cancer was caused by exposure to chemicals and environmental hazards while working for the railroad.
Creosote Exposure
Creosote, a toxic chemical used to preserve wood, has been linked with several cancers including skin cancer and scrotal carcinoma. Railroad workers working on the maintenance and repair of railway ties are frequently exposed to this chemical. The National Toxicology Program reported that those who handled creosote were at more risk than general population of developing fatal forms of cancer.
union pacific railroad lawsuit in which a railroad employee sought justice after being diagnosed with multiple myeloma. The case alleged that the exposure to diesel exhaust and other environmental hazards caused the cancer. The court ruled that the plaintiff knew of the potential damage he could incur because of his job as a railroad worker and could have found out about his injury by conducting an extensive internet search before the diagnosis came in. Because he failed to take this step his claim is time-barred.
In a separate case, the railroad won a defense decision in a suit filed in Philadelphia County by a former railroad worker. The plaintiff claimed he was diagnosed with bladder cancer as a result of the exposure he received from secondhand smoke and other toxic chemicals, like creosote, diesel exhaust.
Parker Waichman has also obtained defense verdicts in cases that involve other types of cancers, like prostate and lung cancer. These cases were brought by former railroad employees who claimed their cancers had been resulted from a lifetime exposure to toxic chemicals at work. The firm is ready to review your case facts and discuss your options.
Asbestos Exposure
Asbestos can pose a risk for railroad workers. This is often the case when workers handle railroad ties or repair or install railway equipment. union pacific railroad lawsuit can cause mesothelioma or lung cancer as well as other ailments.
In a suit filed against CSX Transportation, plaintiff Ronald K. Harris alleges that he was diagnosed with multiple myeloma because from his work for the railroad. Harris, according to the lawsuit worked daily for CSX Transportation in its Laredo railroad yard. He breathed "harmful and toxic substances, fumes and chemicals including, but not limited to diesel exhaust, welding fumes, and creosote.
We successfully defended our clients during a jury trial lasting two weeks, where it was claimed that the repetitive lifting and bending as trackmen resulted in herniated disks in the lumbar region. This resulted in an injury that caused a 25% disability for the rest of his life resulting in lost wage as well as discomfort and pain. The railroad was found not to be negligent and the plaintiff received a modest award.
Environmental Exposure
Railroad workers are exposed a variety of environmental chemicals. The exposure can result in numerous health problems such as multiple myeloma. This is based on the type and amount of the work. Contact Parker Waichman if you or a family member has been diagnosed with myeloma due to working on railroads.
In a recent court case, an employee of a railroad was awarded $7.5 million by a juror for being diagnosed with acute myeloid leukemia and myelodysplastic Syndrome (MDS). He filed a lawsuit against two major railroads, claiming that exposure to diesel exhaust and asbestos caused his health issues.
However the railroads filed an appeal based on summary judgment, which argued that the plaintiff was aware of the fundamental facts and possible causes of his injury by the time of his diagnosis. The court sided with the railroads and granted their motion, concluding that the plaintiff hadn't made a reasonable inquiry to determine whether his condition was connected to his employment at a railroad.
In the courtroom, the plaintiff presented expert evidence from an industrial hygienist and epidemiologists. The expert witnesses claimed that Harris's myeloma is a result of his exposure to diesel exhaust. To support this assertion the expert witness cited numerous studies that demonstrated the connection between certain types of cancers and diesel exhaust. No reputable scientist, however, has ever concluded diesel exhaust is the source of multiple myeloma.