Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are able to sue for compensation for injuries. To be successful, the injured person will have to prove the railroad was negligent in causing the injury.
The evidence in the trial included testimony from a toxicologist, who used various studies and risk factors to prove that Harris's multiple myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
There is a link between benzene and a number of 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, it is a Group 1 Carcinogen. The chemical is found in diesel exhaust and fumes which many railroad workers are exposed to on a daily routine.
Some railroad workers are also exposed to cleaning products such as Safety-Kleen or CRC. These types of cleaning agents typically contain a form of benzene called the methylbenzene. The methylbenzene can be converted into a chemical known as dioxin when it comes into contact with water. Dioxins can cause lung cancer as well as other serious health issues.
Parker Waichman has successfully represented numerous railroad employees in personal injury claims against their employers under FELA. A jury handed down $7.5 million to an ex- Chicago and North Western Railroad employee who was diagnosed with acute myeloid cancer 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 period of time. The plaintiff claimed that his condition was the result of exposures to diesel exhaust and benzene that he was exposed to working. Prior to the commencement of trial, BNSF filed a motion for summary judgment based on the notion that plaintiff ought to have known that his cancer was due to his exposures to chemicals and environmental hazards while working for the railroad.
Creosote Exposure
A toxic chemical that is used as a wood preserver, creosote has been associated with various cancers, including skin and scrotal cancer. It is a frequent problem for railroad workers who work on the maintenance and repairs of railway ties. The National Toxicology Program has reported that those who handle creosote are at a greater risk of developing cancer lethal than the general population.
A recent court case in which a railway worker who was diagnosed with multiple myeloma alleges his occupational exposures to diesel exhaust and other environmental toxins caused the cancer. The court ruled the plaintiff was aware of the harm he could suffer from his railroad job and could have discovered about his condition by conducting an extensive internet search before the diagnosis came in. Since he was not able to do this, his action is time-barred.
In a different case the railroad won a defense verdict in a lawsuit brought in Philadelphia County by a former railroad worker. The plaintiff claimed that the cause of his illness was bladder carcinoma as a result the exposure he received to smoke and other chemicals such as diesel exhaust, and creosote.
Parker Waichman has also obtained defense verdicts in cases involving other types cancers, like prostate and lung cancer. These cases were filed by former railroad workers who claimed that their cancers had been due to a lifetime exposure to toxic chemicals at work. The firm is available to review your case's facts and explain your options.
Asbestos Exposure
Asbestos can pose a risk for railroad workers. The exposure is most often experienced when workers are handling railroad ties, or repair or install railway equipment. Asbestos exposure can 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 daily basis. He inhaled "harmful and toxic chemical, agents and fumes including but not restricted to diesel exhaust, welding fumes, and creosote.
We successfully defended our client during an two-week jury trial in which it was alleged that repetitive stretching, lifting and twisting during the course of work caused herniated discs in the lumbar region and an indefinite disability of 25% that caused loss of earnings and suffering and pain. class action lawsuit against norfolk southern railroad was found to not be negligent and the plaintiff received only a small amount.
Environmental Exposure
Railroad workers are exposed a variety of environmental chemicals. The exposure can result in various health issues including multiple myeloma, based on the type and extent of the work. Contact Parker Waichman if you or someone in your family has been diagnosed with myeloma due to working on railroads.
In a case that was recently heard, a railroad worker was awarded $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 exposure to asbestos and diesel exhaust caused his health issues.
However the railroads filed a summary judgment motion arguing that the plaintiff was aware of essential facts and potential causes of his injury at the time he was diagnosed. The court agreed and granted the railroads' motion, concluding that the plaintiff had failed to make a reasonably diligent inquiry into whether or not his illness was due to his railroad employment.
In the courtroom the plaintiff provided expert evidence from an industrial hygienist and epidemiologists. The experts claimed that Harris's myeloma was the result of the exposure he received to diesel exhaust. The expert witness provided numerous studies to prove this. These studies demonstrated a correlation between diesel exhaust and certain kinds of cancer. A reputable scientist, however has ever concluded that diesel exhaust is the source of multiple myeloma.