Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers may sue to obtain compensation for injuries. To be successful, the person who was injured will have to prove the railroad was negligent in causing the accident.
The evidence presented at the trial included testimony of an toxicologist who used a variety of studies and their relative risks to show that Harris's multiple myeloma had been caused by the exposure to diesel exhaust.
Benzene Exposure
The exposure to benzene can be linked to a range of hematopoietic tumors, including 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. This chemical is present in diesel exhaust and fumes, which many railroad workers are exposed to on a regular on a regular.
Railroad workers may also be exposed to cleaning products like CRC or Safety-Kleen. These types of cleaning agents typically contain a type of benzene referred to as the methylbenzene. When methylbenzene is in contact with the water, it's transformed into a chemical known as dioxin. Dioxins are a group of chemicals that can trigger many serious health problems including lung cancer.
Parker Waichman has represented railroad employees in personal injury lawsuits against their employers under the FELA. A jury handed down $7.5 million to a former Chicago and North Western Railroad employee who was diagnosed with acute myeloid tumors after years of exposure.
In railroad lawsuits , a plaintiff was diagnosed with multiple lymphoma after many years of work as a railway maintenance technician for signals. He alleged his condition was caused by exposure to diesel exhaust and benzene that he was exposed to on the job. Prior to the beginning of trial, BNSF filed a motion for summary judgment based on the notion that plaintiff ought to have known that his cancer was caused by the exposure to chemicals and environmental dangers while working in the railroad.
Creosote Exposure
A poisonous chemical that is used to preserve wood creosote is associated with several cancers, including skin and scrotal cancer. This chemical is often a problem for railroad workers working in the repair and maintenance of railway ties. The National Toxicology Program reported that those who handled creosote were at greater risk than the general public of developing lethal forms of cancer.
In a recent court case railroad workers sued after being diagnosed with multiple myeloma. He claimed that his occupational exposure to diesel exhaust as well as environmental hazards led to the development of cancer. The court ruled that the plaintiff was aware of the potential damage he could sustain from his railroad job and could have learned about his condition by conducting an extensive internet search before the diagnosis came in. He failed to make the effort and his action has been deemed time-barred.
In a separate case, the railroad was successful in defending a decision in a suit filed in Philadelphia County by a former railroad worker. The plaintiff claimed that he was diagnosed with bladder cancer as a result of the exposure he received to smoke and other chemical substances such as diesel exhaust and creosote.
Parker Waichman has also secured defense verdicts in the cases involving different types of cancers such as prostate and lung cancers, which were brought by former railroad workers who claimed their cancers were a result of an exposure to harmful chemicals on the job. The firm is prepared to review the details of your case, and then explain your options.
Asbestos Exposure
Railroad employees can 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 can cause lung cancer, mesothelioma and other cancers.
In a case filed against CSX Transportation, plaintiff Ronald K. Harris alleges that he developed multiple myeloma as a result of his employment with the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a regular basis. He breathed "harmful and toxic fumes, chemicals, and agents including, but not limited to diesel exhaust, welding fumes and creosote.
We successfully represented our clients in a jury trial lasting two weeks, where it was claimed that repetitive lifting and bending as trackmen caused herniated discs in the lumbar region and an impairment of 25% which resulted in a loss of wage as well as pain and discomfort. The railroad was found not to be negligent, and the plaintiff received a modest award.
Environmental Exposure
Railroad workers are exposed a variety of environmental chemicals. Based on the type of work performed, this exposure can cause a variety of health issues which include multiple myeloma. Contact Parker Waichman if you or someone in your family has been diagnosed with myeloma as a result of working on railroads.
In a case that was recently heard, 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 in the claim that their exposure to asbestos and diesel exhaust caused his health issues.
However the railroads subsequently filed a summary judgement motion, arguing that the plaintiff was aware of the fundamental facts and possible causes of his injury at the time he was diagnosed. The court sided with the railroads and granted their motion, concluding that the plaintiff had not made a reasonable inquiry to determine whether his condition was due to his railroad work.
At trial the plaintiff offered expert evidence from an industrial hygienist and epidemiologists. Expert witnesses claimed that Harris's myeloma resulted of his exposure to diesel exhaust. The expert witness referenced a variety of studies to support this assertion. These studies revealed the connection between diesel exhaust and certain types of cancer. However, no credible scientist has ever concluded that diesel exhaust is the reason of multiple myeloma.