Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers can sue to recover compensation for injuries. However, in order to make a claim that is successful, the injured person must prove that negligence on the part of railroad workers contributed to their injuries.
The evidence presented at the trial included the testimony of toxicologist who conducted various studies and relative risk factors to demonstrate that Harris's multiple myeloma caused by his exposure to diesel exhaust.
Benzene Exposure
Benzene exposure is associated with a range of hematopoietic tumors that 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 is found in diesel fumes and many railroad workers are regularly exposed to it.
Some railroad workers are also exposed by cleaning products like Safety-Kleen or CRC. These cleaning products contain a benzene type 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 lead to various serious health problems such as lung cancer.
Parker Waichman has successfully represented numerous railroad employees in personal injury claims against their employers under FELA. cancer lawsuit awarded $7.5 million to an ex Chicago and North Western Railroad employee diagnosed with acute myeloid cancer following years of exposure.
In another case, a plaintiff was diagnosed with multiple lymphoma after many years of service as a railway signal maintenance technician. He alleged his condition was caused by exposure to diesel exhaust and benzene that he encountered on the job. Prior to the start of trial, BNSF filed a motion for summary judgment based on the theory that plaintiff knew or should have known that his cancer was due to his exposures to chemicals and environmental hazards during his railroad employment.
Creosote Exposure
A toxic chemical used to preserve wood creosote has been associated with several cancers, including scrotal and skin cancer. Creosote is a common issue for railroad workers who work on the maintenance and repairs of railway ties. The National Toxicology Program reported that workers who handled creosote had greater risk than the general population of developing fatal forms of cancer.
cancer lawsuits in which a railway worker who was diagnosed with multiple myeloma. The case alleged that his occupational exposures to diesel exhaust as well as other environmental hazards caused the cancer. The judge ruled that the plaintiff was aware of the possibility of damage he could suffer from his work on railroads and could have discovered the injury through a reasonably thorough internet search at the time he was diagnosed. The plaintiff did not take the necessary steps and his claim is now time-barred.
In a separate instance, the railroad won its defense decision in a case filed in Philadelphia County by an ex-railroad employee. cancer lawsuits claimed that he was diagnosed with bladder carcinoma as a result his occupational exposure to smoke, other chemicals such as diesel exhaust and creosote.
Parker Waichman has also secured defense verdicts in the cases involving other types of cancers such as prostate and lung cancer, which was brought by former railroad workers who claimed their cancers were a result of the constant exposure to toxic chemicals while working. The firm is prepared to review your case's facts and discuss your options.
Asbestos Exposure
Asbestos can be a problem for railroad workers. Workers are exposed to asbestos when they work with railroad ties, repair or install railway equipment or work on railroad ties. Asbestos exposure can cause mesothelioma or lung cancer and other diseases.
In a suit filed against CSX Transportation, plaintiff Ronald K. Harris alleges that he contracted multiple myeloma due to the effects of his work for 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 to diesel exhaust, welding fumes and creosote.
We successfully defended our client at the course of a two-week jury trial which it was claimed that repetitive stretching, lifting and twisting during the course of work caused lumbar disc herniation and a 25% permanent disability resulting in lost wages and pain and suffering. The railroad was not found to be negligent and the plaintiff was awarded a modest award.
Environmental Exposure
Railroad workers are exposed a variety of environmental chemicals. Depending on the type of work that is performed this exposure can lead to numerous health problems such as multiple myeloma. If you or someone you love has been diagnosed with multiple myeloma the result of work on the railroad, call Parker Waichman to discuss your options.
In a recent court case, a railroad employee was awarded $7.5 million by a jury after being diagnosed with acute myeloid lymphoma and myelodysplastic Disorder (MDS). He sued two major railways for claiming that exposure to asbestos and diesel exhaust caused his health issues.
However the railroads filed an appeal to a summary judgment, arguing that the plaintiff was aware of fundamental facts and possible reasons for his injury at the time he was diagnosed. The court sided with the railroads and granted their motion, concluding that the plaintiff hadn't conducted a reasonable investigation to determine if the condition was related to his railroad work.
The plaintiff presented expert testimony at trial from an industrial hygiene specialist as well as epidemiologists. The expert witnesses claimed that Harris's myeloma was the result of his exposure to diesel exhaust. The expert witness provided numerous studies to back this claim. These studies revealed a correlation between diesel exhaust and certain kinds of cancer. However, no reputable scientist has ever claimed that diesel exhaust is the cause of multiple myeloma.