Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are able to sue to recover compensation for injuries. To be successful, the person who was injured must prove the railroad was negligent in causing the injury.
The evidence presented at the trial included testimony of toxicologist who relied on different studies and relative risks to establish that Harris's multi myeloma had been caused by his exposure diesel exhaust.
Benzene Exposure
Exposure to benzene is linked to various hematopoietic cancers that 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 is classified as a Group 1 Carcinogen. The chemical is present in diesel fumes, and many railroad workers are exposed to it.
Some railroad workers are exposed by cleaning products like Safety-Kleen or CRC. Pancreatic cancer lawsuit cleaning agents contain a specific benzene known as methylbenzene. When methylbenzene gets into contact with the water, it transforms into a chemical called dioxin. Dioxins can cause lung cancer and other serious health issues.
Parker Waichman has successfully represented numerous railroad employees in personal injury cases against their employers under FELA. A jury handed down $7.5 million to an ex Chicago and North Western Railroad employee diagnosed with acute myeloid tumors after years of exposure.
Another case involved the plaintiff who was diagnosed with multiple myeloma after working as an engineer for railroad signal maintenance for a number of years. He claimed that his illness was caused from exposure to diesel exhaust, as well as benzene he had experienced while working. Prior to the commencement of trial, BNSF filed a motion for summary judgment based on the notion that plaintiff should have known his cancer was a result of his exposures to chemicals and environmental dangers while working in the railroad.
Creosote Exposure
Creosote, a toxic chemical used to preserve wood has been linked to various cancers, including skin cancer and scrotal cancer. It is a frequent issue for railroad workers working 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 that is fatal than the general population.
In an upcoming court case, an employee of a railroad filed suit after being diagnosed with multiple myeloma. He claimed that work-related exposure to diesel exhaust and environmental dangers caused cancer. The court ruled the plaintiff was aware of the damage he could incur from his railroad job and could have learned about his injuries by conducting an exhaustive internet search prior to when the diagnosis came in. He did not undertake the search and his case was deemed to be time-barred.
In a separate case the railroad won its defense verdict in a suit filed in Philadelphia County by an ex-railroad employee. The plaintiff claimed that he developed bladder cancer due to the exposure he received from secondhand smoke and other toxic chemicals, like creosote or 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 that their cancers had been caused by exposure to toxic chemicals at work. The firm is prepared to examine the facts of your case, and then explain your options.
Asbestos Exposure
Railroad employees could be exposed to asbestos during their employment. Workers are exposed to asbestos when they handle railroad ties, repair or install railway equipment or work on railroad tracks. Asbestos exposure could cause mesothelioma or lung cancer and other illnesses.
Ronald K. Harris, the plaintiff in a lawsuit brought against CSX Transportation claims that he contracted multiple myeloma due to his job at the railroad. Harris, according to the lawsuit worked daily for CSX Transportation in its Laredo railroad yard. He 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 an two-week jury trial in which it was claimed that the repetitive bending, lifting, and twisting when working as a trackman resulted in herniated lumbar disks, and an indefinite disability of 25% that resulted in a loss of wages as well as suffering and pain. The railroad was not found to be negligent, and the plaintiff received a modest award.
Environmental Exposure
Railroad workers are exposed to a range of chemicals in the environment. The exposure can result in a variety of health problems including multiple myeloma, depending on the type and amount of the work. If you or a loved one has been diagnosed with multiple myeloma as because of work done on the railroad, call Parker Waichman to discuss your options.
In a recent case, a railroad worker received $7.5 million from the jury after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He filed a lawsuit against two major railroads, alleging that their exposure to asbestos and diesel exhaust caused his health problems.
However the railroads brought a summary judgment motion arguing that the plaintiff was aware of the crucial facts and the possible causes of his injuries at the time he was diagnosed. The court agreed and granted the railroads' motion concluding that the plaintiff was unable to make a reasonably diligent investigation into whether his condition was connected to his work at the railroad.
In Non-Hodgkin's lymphoma lawsuit presented expert testimony from an industrial hygiene specialist and epidemiologists. The expert witnesses claimed Harris's myeloma arose as a result of the exposure he received to diesel exhaust. Non-Hodgkin's lymphoma lawsuit cited various studies to back this claim. These studies revealed the connection between diesel exhaust and certain types of cancers. However, no respected scientist has ever concluded that diesel exhaust is the reason of multiple myeloma.