Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers can sue to recover compensation for injuries. To be successful, the person who was injured must prove the railroad was negligent in causing the accident.
The evidence presented at the trial included the testimony of a toxicologist who used different studies and relative risks to establish that Harris's multi myeloma was caused by the exposure to diesel exhaust.
Benzene Exposure
Benzene is linked to a number 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 (IARC), the chemical is classified as a Group 1 carcinogen. The chemical is found in diesel exhaust and fumes, which many railroad workers are exposed to on a daily on a regular.
Some railroad workers are exposed to cleaning products like CRC or Safety-Kleen. wasatch railroad contractors lawsuit of cleaning agents typically contain a form of benzene referred to as the methylbenzene. When methylbenzene gets into contact with water, it is converted into a chemical called dioxin. Dioxins can cause lung cancer as well as other serious health problems.
Parker Waichman has successfully represented numerous railroad workers in personal injury lawsuits 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 carcinoma after years of exposure.
Another instance involved the plaintiff who was diagnosed with multiple myeloma after working as an engineer in the maintenance of railroad signals for a number of years. He claimed his condition was caused by exposure to diesel exhaust, as well as benzene he had experienced during his job. BNSF filed a summary judgement motion prior to the trial started on the premise that plaintiff knew or should've had the knowledge that his cancer was caused by exposure to environmental hazards and chemicals while working for the railroad.
Creosote Exposure
Creosote is a toxic chemical used to preserve wood, has been linked with various cancers, including skin cancer and scrotal carcinoma. This chemical is often a problem for railroad workers working 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 the recent court case, an employee of a railroad filed suit after being diagnosed with multiple myeloma. He claimed that his occupational exposure to diesel exhaust as well as environmental dangers led to cancer. The court found that the plaintiff was aware of the damage he could incur because of his job as a railroad worker and could have discovered about his injury by conducting a diligent internet search when the diagnosis came in. Since he was not able to make this effort his action is deemed to be time-barred.
In a different case, the railroad won a defense verdict in a lawsuit filed in Philadelphia County by a former railroad worker. The plaintiff claimed that he developed bladder cancer due to the exposure he had to secondhand smoke and other chemicals, like creosote and diesel exhaust.
Parker Waichman has also secured defense verdicts in the cases involving other types of cancers, including lung and prostate cancer, which was brought by former railroad workers who claimed their cancers were caused by years of exposure to toxic chemicals at work. The firm is prepared to review your case facts and provide you with options.
Asbestos Exposure
Railroad employees could be exposed to asbestos while working. Workers are exposed to asbestos while they work on railroad ties, fix or install railway equipment or work on railroad tracks. Asbestos exposure can cause mesothelioma, lung cancer and other diseases.
Ronald K. Harris, the plaintiff in a lawsuit against CSX Transportation claims that he contracted multiple myeloma due to his job at the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a regular basis. He inhaled "harmful and toxic chemicals, agents and fumes including but not limited diesel exhaust, welding fumes and creosote.
We successfully defended our client in the course of a two-week jury trial which it was claimed that repetitive bending, lifting, and twisting during the course of work caused herniated lumbar disks and a 25% permanent disability resulting in lost wages and suffering and pain. The railroad was found not to be negligent, and the plaintiff was awarded a small award.
Environmental Exposure
Railroad workers are exposed to a number of different environmental chemicals. This exposure can lead to various health issues 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 a result of work on the railroad, contact Parker Waichman to discuss your options.
In a recent instance, an employee of a railroad 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 health issues for him.
The railroads filed a motion for summary judgment arguing that, at the time of the plaintiff's diagnosis it was aware of the circumstances and causes of his injury. The court ruled in favor of the railroads' motion, concluding that plaintiff failed to make a reasonably diligent investigation into whether his condition was connected to his railroad employment.
The plaintiff provided evidence from an industrial hygienist as as epidemiologists. The experts claimed that Harris's myeloma resulted of his exposure to diesel exhaust. The expert witness cited various studies to support this assertion. These studies proved a correlation between diesel exhaust and certain types of cancers. No reputable scientist, however has ever claimed that diesel exhaust to be the cause of multiple myeloma.