Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are able to file lawsuits to recover compensation for their injuries. However, to be successful in bringing a claim the injured worker must prove that negligence on the part of railroad workers caused their injuries.
The evidence in the trial included the testimony of an toxicologist, who relied on various studies and relative risk factors to prove Harris's myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
Benzene is linked to several hematopoietic tumors, including Acute Myeloid Leukemia(AML), Acute Non-Lymphocytic Leukemia(ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer (IARC), benzene is classified as a Group 1 carcinogen. This chemical is found in diesel fumes and exhaust which railroad workers are exposed to on a regular on a regular.
Railroad workers may also be exposed to cleaning products like Safety-Kleen or CRC. These cleaning agents contain a specific benzene known as methylbenzene. When methylbenzene is in contact with water, it is converted into a chemical known as dioxin. Dioxins can cause lung cancer as well as other serious health issues.
Bladder cancer lawsuit has successfully represented numerous railroad employees in personal injury cases against their employers under FELA. For instance an award was made by a jury to 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 case, a plaintiff was diagnosed with multiple lymphoma after many years of work as a railway signal maintenance technician. He alleged his condition was caused by exposure to benzene and diesel exhaust which he was exposed to while on the job. BNSF filed a summary judgement motion prior to the trial began, based on the idea that plaintiff knew or should have had the knowledge that his cancer was caused by his 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 can be exposed to this chemical. The National Toxicology Program reported that those who handled creosote were at a higher risk than the general population of developing lethal forms of cancer.
A recent court case in which a railway worker filed suit after being diagnosed with multiple myeloma. The case alleged that his exposure to diesel exhaust and other environmental dangers caused the cancer. The court found that the plaintiff knew of the potential damage he could incur from his railroad job and could have learned about his injury by conducting a diligent internet search when the diagnosis came in. Because he failed to do this, his action is time-barred.
In a different case the railroad was successful in defending a verdict in a lawsuit brought in Philadelphia County by a former railroad worker. The plaintiff claimed he developed bladder cancer due to his occupational exposure to secondhand smoke and other chemicals like creosote, diesel exhaust.
Parker Waichman has also obtained defense verdicts for cases involving other types of cancers like prostate and lung cancer. These cases were filed by former railroad workers who claimed that their cancers were caused by a lifetime exposure to toxic chemicals at work. The firm is ready to analyze the facts of your case, and then explain your options.
Asbestos Exposure
Railroad workers may be exposed to asbestos while working. This can happen when workers handle railroad ties, or repair or install railway equipment. Asbestos exposure can result in mesothelioma or lung cancer and other illnesses.
Ronald K. Harris, the plaintiff in a lawsuit filed against CSX Transportation claims that he contracted multiple myeloma due to his work with the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a regular basis. In the process, he inhaled "harmful chemicals, toxic fumes, agents, particles, and substances which include but not including diesel exhaust creosote, welding fumes, carbon monoxide, phenols, dioxins, and heavy metals."
We successfully defended our client in the course of a two-week jury trial which it was claimed that repetitive bent, lifting and twisting when working as a trackman caused herniated discs in the lumbar region and an indefinite disability of 25% which resulted in loss of wages and pain and suffering. The railroad was not found to be negligent, and the plaintiff received a minimal award.
Environmental Exposure
Railroad workers are exposed a variety of environmental chemicals. This exposure can trigger numerous health problems such as multiple myeloma. This is based on the type and extent of the work. Contact Parker Waichman if you or a family member has been diagnosed with myeloma following working on a railroad.
In a recent court case, a railroad employee was awarded $7.5 million by a jury for having been diagnosed with acute myeloid leukemia and myelodysplastic syndrome (MDS). Pancreatic cancer lawsuit sued two major railroads, claiming that exposure to asbestos and diesel exhaust led to his health issues.
However, the railroads filed a summary judgement motion, arguing that the plaintiff was aware of fundamental facts and possible reasons for his injury at the time of his diagnosis. The court agreed and granted the railroads' motion, concluding that plaintiff failed to make a reasonably diligent inquiry into whether the illness was due to his work at the railroad.
The plaintiff presented evidence from an industrial hygiene specialist as well as epidemiologists. The expert witnesses claimed that Harris's myeloma is the result of his exposure to diesel exhaust. The expert witness referenced a variety of studies to support this claim. These studies revealed that there was a link between diesel exhaust and certain kinds of cancer. However, railroad cancer lawsuit has ever concluded that diesel exhaust is the reason of multiple myeloma.