Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are able to bring lawsuits to seek compensation for their injuries. To be successful, the injured person must prove the railroad was negligent in causing the accident.
The evidence presented during the trial included testimony of toxicologist who utilized different studies and risk ratios to prove that Harris's multiple myeloma was the result of the exposure to diesel exhaust.
Benzene Exposure
It is linked to several 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, the chemical benzene belongs to the Group 1 Carcinogen. This chemical can be found in diesel fumes and many railroad workers are exposed to it.
Railroad workers can also be exposed by cleaning products such as CRC or Safety-Kleen. These cleaning agents contain a particular type of benzene referred to as methylbenzene. The methylbenzene converts to dioxin, a chemical when it comes in contact with water. Dioxins are a class of substances that can lead to a variety of serious health problems including lung cancer.
railroad workers cancer lawsuit has represented railroad workers in personal injury cases against their employers under the FELA. A jury awarded $7.5 million to an ex- Chicago and North Western Railroad employee who was diagnosed with acute myeloid carcinoma after years of exposure.
Another instance involved a plaintiff who was diagnosed with myeloma after working as an engineer for railroad signal maintenance for several years. He claimed his condition was caused by exposure to diesel exhaust, as well as benzene he had experienced during his 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 related to exposure to chemicals and environmental hazards while working for the railroad.
Creosote Exposure
A toxic chemical used to preserve wood creosote has been linked to various cancers including skin and scrotal cancer. This substance is often a problem for railroad workers who work on the maintenance and repair of railway ties. The National Toxicology Program has reported that those who handle creosote have a greater chance of developing lethal cancer than the general population.
In a recent court case railroad workers filed suit after being diagnosed with multiple myeloma. He claimed that exposure to diesel exhaust as well as environmental dangers caused cancer. The court ruled that the plaintiff knew of the potential harm he could suffer because of his job as a railroad worker and could have discovered about his condition by conducting an exhaustive search on the internet when he was diagnosed. Since he was not able to do this, his action is time-barred.
In a separate case, the railroad was successful in defending a verdict in a case filed in Philadelphia County by a former railroad employee. The plaintiff claimed that the cause of his illness was bladder carcinoma as a result being exposed to smoke and other chemical substances like diesel exhaust and creosote.
Parker Waichman has also secured defense verdicts in cases that involve different types of cancers including prostate and lung cancers, which were brought by former railroad workers who alleged that their cancers stemmed from an exposure to toxic chemicals at work. The firm is ready to review the details of your case, and then explain your options.
Asbestos Exposure
Railroad employees may be exposed to asbestos during their job. This can happen when workers handle railroad ties or repair or install railway equipment. Asbestos exposure could cause mesothelioma, lung cancer, and other diseases.
Ronald K. Harris, the plaintiff in a lawsuit brought against CSX Transportation claims that he contracted multiple myeloma because of his job at the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a regular basis. Harris breathed "harmful and toxic chemical, agents and fumes including, but not limited to diesel exhaust, welding fumes, and creosote.
We successfully defended our clients in the trial of a jury that lasted two weeks, in which it was claimed that repetitive lifting and bending as trackmen caused herniated disks in the lumbar region and permanent disability of 25% that resulted in loss of wages and pain and discomfort. The railroad was found not be negligent, and the plaintiff received only a minimal award.
Environmental Exposure
Railroad workers are exposed to various environmental chemicals. This exposure can cause many health issues such as multiple myeloma. This is based on the nature and severity of the work. Contact Parker Waichman if you or a family member has been diagnosed with myeloma after working on a railroad.
In a recent case, railroad workers received $7.5 million from a jury following his diagnosis with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railways for claiming that exposure to asbestos and diesel exhaust caused health issues.
However the railroads subsequently filed a summary judgement motion, arguing that the plaintiff was aware of the essential facts and potential causes of his injury by the time of his diagnosis. The court agreed and granted the railroads' motion concluding that the plaintiff was unable to make a reasonably diligent investigation into whether his health condition was related to his railroad employment.
In the courtroom the plaintiff provided expert testimony from an industrial hygienist and epidemiologists. The expert witnesses said that Harris's myeloma may be the result of his exposure to diesel exhaust. The expert witness cited various studies to support this claim. These studies demonstrated the connection between diesel exhaust and certain kinds of cancer. No reputable scientist, however, has ever concluded diesel exhaust is the reason of multiple myeloma.