Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers can claim compensation for injuries. To be successful, the person who was injured must prove the railroad was negligent in causing the injury.
The evidence presented during the trial included testimony from a toxicologist who used different studies and relative risks to show that Harris's multiple myeloma had been caused by his exposure to diesel exhaust.
Benzene Exposure
Exposure to benzene is linked to a range of hematopoietic tumors which include 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. This chemical can be found in diesel fumes, and railway workers are regularly exposed to it.
Additionally, certain railroad workers are also exposed to benzene via cleaning products such as Safety-Kleen or CRC. These cleaning products contain a type benzene known as methylbenzene. The methylbenzene is converted to a chemical known as dioxin when it comes into contact with water. Dioxins are substances that can cause numerous health problems such as lung cancer.
Parker Waichman has represented railroad workers in personal injury cases against their employers, in accordance with the FELA. For example an award was made by a jury to an ex- Chicago and North Western Railroad worker $7.5 million for the diagnosis of acute myeloidleukemia following years of exposure to solvents and chemicals while working.
In another case the plaintiff was diagnosed with multiple lymphoma after several years of employment as a railroad signal maintenance technician. He claimed that his condition was caused from exposure to diesel exhaust and by benzene exposure he experienced during his work. BNSF filed a summary judgement motion prior to the trial began, based on the premise that plaintiff knew or should've known that his cancer was the result of his exposure to environmental hazards and chemicals when 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 chemical is often a problem for railroad workers who work on the maintenance and repair of railway ties. The National Toxicology Program has reported that workers who work with creosote have a higher risk of developing cancer lethal than the general population.
A recent court case in which a railroad employee sued after he was diagnosed with multiple myeloma. The case alleged that the exposure to diesel exhaust and other environmental toxins caused the cancer. The court ruled the plaintiff knew of the potential harm he could suffer because of his job as a railroad worker and could have learned about his injuries by conducting an exhaustive internet search prior to when the diagnosis came in. He did not make the effort and his case has been deemed time-barred.
In a different case the railroad was able to win a defense decision in a suit filed in Philadelphia County by a former railroad employee. The plaintiff claimed that he developed bladder cancer due to the exposure he had to secondhand smoke and other chemicals like creosote or diesel exhaust.
Parker Waichman has also obtained defense verdicts in cases involving different types of cancers, such as lung and prostate cancer. These cases were filed by former railroad workers who claimed that their cancers had been caused by a lifetime exposure to toxic chemicals at work. The firm is ready to examine the facts of your case, and then explain your options.
Asbestos Exposure
Railroad workers may be exposed to asbestos while working. This is often the case when workers manage railroad ties, or repair or install railway equipment. Asbestos is known to cause mesothelioma, lung cancer and other maladies.
Ronald K. Harris, the plaintiff in a lawsuit brought against CSX Transportation claims that he was diagnosed with multiple myeloma as a result of his work with the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a daily basis. He breathed "harmful and toxic substances, fumes and chemicals including but not restricted to diesel exhaust, welding fumes, and creosote.
We successfully defended our clients during the jury trial that lasted two weeks, in which it was claimed that repetitive lifting and bending as trackmen led to herniated disks in the lumbar area and an impairment of 25% which resulted in a loss of wage and pain and discomfort. The railroad was found not to be negligent, and the plaintiff received only a modest amount.
union pacific railroad lawsuit are exposed a number of different environmental chemicals. Based on the type of work done this exposure can result in a myriad of health issues which include multiple myeloma. Contact Parker Waichman if you or someone in your family has been diagnosed with myeloma due to working on railways.
In a recent trial a railroad employee was awarded $7.5 million by a juror for being diagnosed with acute myeloid lymphoma and myelodysplastic Disorder (MDS). He filed a lawsuit against two major railroads, alleging that exposure to asbestos and diesel exhaust caused his health issues.
The railroads filed a motion for summary judgment arguing that, at the time of the plaintiff's diagnosis it was aware of the details and causes of the injury. The court agreed and granted the railroads' motion concluding that plaintiff failed to conduct a reasonable inquiry into whether his illness was due to his railroad employment.
The plaintiff provided expert testimony at trial from an industrial hygienist as as epidemiologists. The expert witnesses said that Harris's myeloma is the result of his exposure diesel exhaust. To prove this claim, the expert witness referenced various studies that showed an association between certain types of cancers and diesel exhaust. However, no reputable scientist has ever claimed that diesel exhaust to be the cause of multiple myeloma.