Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers can sue for compensation for injuries. However, to succeed in bringing a claim, the injured person must prove that negligence on the part of railroad workers caused their injury.
The evidence presented during the trial included testimony from a toxicologist, who used various studies and risk factors to demonstrate Harris's myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
There is a link between benzene and many hematopoietic tumours, including Acute Myeloid Leukemia(AML), Acute Non-Lymphocytic Leukemia(ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer (IARC) the chemical the chemical is classified as a Group 1 carcinogen. Bladder cancer lawsuit is found in diesel exhaust and fumes which many railroad workers are exposed to on a daily on a regular.
Additionally, certain railroad workers are also exposed to benzene by using cleaning products like Safety-Kleen and CRC. These kinds of cleaning products typically contain a particular type of benzene called the methylbenzene. When methylbenzene comes in contact with the water, it transforms into a chemical called dioxin. Dioxins can cause lung cancer as well as other serious health issues.
Parker Waichman has successfully represented numerous railroad employees in personal injury lawsuits against their employers under FELA. A jury awarded $7.5 million to an ex Chicago and North Western Railroad employee diagnosed with acute myeloid tumors after years of exposure.
In Bladder cancer lawsuit was diagnosed with multiple lymphoma following several years of working as a railway signal maintenance technician. The plaintiff claimed that his illness was a result of exposure to diesel exhaust and benzene that he was exposed to on the job. Prior to the start of trial, BNSF filed a motion for summary judgment based on the theory that plaintiff should have known his cancer was due to the exposure to chemicals and environmental dangers while working in the railroad.
Creosote Exposure
A toxic chemical that is used as a wood preservative creosote is associated with various cancers, including skin and scrotal cancer. Railroad workers working on the maintenance and repair of railway ties are frequently exposed to this chemical. The National Toxicology Program reported that those who handled creosote were at greater risk than the general public 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 occupational exposures to diesel exhaust as well as other environmental hazards caused the cancer. The judge determined that the plaintiff was aware of the possibility of damage he could suffer from his work on railroads and could have found out about his injury through a reasonably diligent internet search at the time he was diagnosed. Because he failed to do this, his action is time-barred.
In a different instance, the railroad won a defense verdict in a lawsuit brought in Philadelphia County by a former railroad employee. The plaintiff claimed he was diagnosed with bladder cancer as a result of the exposure he received from secondhand smoke and other toxic chemicals, like creosote and diesel exhaust.
Parker Waichman has also obtained defense verdicts for cases involving other types of cancers like prostate and lung cancer. These cases were brought by former railroad employees who claimed their cancers had been resulted from a lifetime exposure to toxic chemicals at work. Parker Waichman is prepared to review your case's facts and explain your options.
Asbestos Exposure
Railroad employees can be exposed to asbestos while working. Workers are exposed to asbestos when they operate railroad ties, repair or install railway gear or work on railroad tracks. Asbestos is known to cause mesothelioma, lung cancer and other maladies.
In a case filed against CSX Transportation, plaintiff Ronald K. Harris claims that he contracted multiple myeloma as a consequence of his work for the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a daily basis. As a result Harris breathed in "harmful chemicals, toxic fumes, agents, particles, and other substances, including but not restricted to diesel exhaust, welding fumes, creosote, phenols, carbon monoxide, dioxins, and heavy metals."
We successfully defended our client during a two-week jury trial in which it was alleged that the repetitive bending, lifting and twisting while working as a trackman caused lumbar disc herniation and an indefinite disability of 25% that resulted in a loss of wages as well as pain and suffering. The railroad was found not be negligent and the plaintiff was awarded only a modest amount.
Environmental Exposure
Railroad workers are exposed a number of different environmental chemicals. Depending on the type of work that is performed, this exposure can result in a myriad of health issues such as multiple myeloma. Contact Parker Waichman if you or a family member has been diagnosed with myeloma as a result of working on the railroad.
In a recent case, an employee of a railroad was awarded $7.5 million by a jury for having been diagnosed with acute myeloid leukemia and myelodysplastic Symptom (MDS). He sued two major railways in the claim that their exposure to diesel exhaust and asbestos caused health issues.
However Bladder cancer lawsuit filed an appeal to a summary judgment, arguing that the plaintiff was aware of crucial facts and the possible causes of his injury by the time of his diagnosis. The court ruled in favor of the railroads' motion, concluding that the plaintiff failed to make a reasonably diligent inquiry into whether his condition was connected to his railroad employment.
The plaintiff presented evidence from an industrial hygienist, as well as epidemiologists. The expert witnesses claimed that Harris's myeloma may be the result of his exposure to diesel exhaust. The expert witness provided numerous studies to support this assertion. These studies proved a correlation between diesel exhaust and certain types of cancers. But, no reputable scientist has ever claimed that diesel exhaust is a cause of multiple myeloma.