Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers can sue to obtain compensation for injuries. In order to succeed in bringing a claim, the injured party must prove that the railroad's negligence played a role in causing their injuries.
The evidence presented during the trial included testimony of toxicologist who utilized different studies and the relative risk to demonstrate that Harris’s multiple myeloma was the result of his exposure to diesel exhaust.
Benzene Exposure
Exposure to benzene is linked to various hematopoietic cancers which include Acute Myeloid Leukemia (AML), Acute Non-Lymphocytic Leukemia (ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer, the chemical benzene belongs to the Group 1 Carcinogen. This chemical is found in diesel fumes and railroad workers are frequently exposed to it.
Moreover, some railroad workers are exposed to benzene through cleaning products like Safety-Kleen and CRC. These kinds of cleaning products typically contain a particular type of benzene called methylbenzene. When methylbenzene is in contact with the water, it's converted into a chemical known as dioxin. Dioxins are substances that can lead to many serious health problems, including lung cancer.
Parker Waichman has successfully represented numerous railroad employees in personal injury cases against their employers under FELA. A jury awarded $7.5 million to a former Chicago and North Western Railroad employee diagnosed with acute myeloid carcinoma after years of exposure.
In a different case the plaintiff was diagnosed with multiple lymphoma following several years of employment as a railroad maintenance technician for signals. He alleged his condition was a result of exposure to diesel exhaust and benzene which he was exposed to while on the job. BNSF filed a summary judgment motion before the trial began based on the idea that plaintiff knew or should've had the knowledge that his cancer was caused by his exposure to chemicals and environmental hazards when working for the railroad.
union pacific railroad lawsuits is a toxic chemical used to preserve wood is linked to several cancers including skin cancer and scrotal cancer. This substance is often a issue for railroad workers working in the repair and maintenance of railway ties. The National Toxicology Program has reported that workers who handle creosote face a higher risk of developing cancer that is fatal than the general population.
In a recent court case, an employee of a railroad filed suit after being diagnosed with multiple myeloma. He claimed that exposure to diesel exhaust as well as environmental dangers caused cancer. The judge determined that the plaintiff was aware of the potential damage he could suffer from his work on railroads and could have found out about his injury via a reasonable internet search prior to the time when he was diagnosed. The plaintiff did not make the effort and his case is now barred.
In a separate case, the railroad was successful in defending its verdict in a suit brought in Philadelphia County by an ex-railroad worker. The plaintiff claimed that the cause of his illness was bladder cancer as a result of his exposure to smoke, other chemicals such as diesel exhaust, and creosote.
Parker Waichman has also obtained defense verdicts in cases involving other types of cancers, such as lung and prostate cancer. These cases were brought by former railroad workers who claimed their cancers had been caused by exposure to toxic chemicals at work. The firm is available to review your case facts and discuss your options.
Asbestos Exposure
Asbestos may pose a health risk for railroad workers. Workers are exposed to asbestos when they handle railroad ties, repair or install railway equipment, or work on railroad railway ties. Asbestos can cause mesothelioma, lung cancer and other maladies.
Ronald K. Harris, the plaintiff in a lawsuit filed against CSX Transportation claims that he contracted multiple myeloma through his job at the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a daily basis. Harris breathed "harmful and toxic chemicals, agents and fumes including but not limited diesel exhaust, welding fumes, and creosote.
We successfully represented our clients at a jury trial lasting two weeks, in which it was alleged that repetitive lifting and bending while working as trackmen resulted in herniated disks in the lumbar region and an impairment of 25% which resulted in a loss of wage as well as pain and discomfort. The railroad was found not to be negligent and the plaintiff received a modest award.
Environmental Exposure
Railroad workers are exposed a range of chemicals in the environment. Based on the type of work performed the exposure could lead to numerous health problems which include multiple myeloma. If you or a loved one has been diagnosed with multiple myeloma as a result of work on the railroad, contact Parker Waichman to discuss your options.
In a recent trial, an employee of a railroad was awarded $7.5 million by a jury for having been diagnosed with acute myeloid leukemia and myelodysplastic syndrome (MDS). He filed a lawsuit against two major railroads for claiming that exposure to diesel exhaust and asbestos caused health issues.
However the railroads brought a summary judgement motion, arguing that the plaintiff was aware of the crucial facts and the possible causes of his injuries at the time of his diagnosis. The court sided with the railroads and granted their motion, concluding that the plaintiff had not conducted a reasonable investigation to determine if his condition was connected to his railroad work.
The plaintiff gave expert testimony in the trial of an industrial hygienist as well as epidemiologists. The expert witnesses claimed Harris's myeloma was a result of his exposure to diesel exhaust. The expert witness referenced a variety of studies to back this claim. These studies demonstrated an association between diesel exhaust and certain types of cancer. However, no reputable scientist has ever claimed that diesel exhaust to be the cause of multiple myeloma.