Multiple Myeloma Caused by Railroad Work
Under FELA railroad employees can bring lawsuits to seek compensation for their injuries. To be successful, the injured party must prove the railroad was negligent in causing injury.
The evidence presented at the trial included the testimony of a toxicologist who used different studies and their relative risks to show that Harris's multiple myeloma was the result of his exposure diesel exhaust.
Benzene Exposure
Benzene is linked to 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 it is classified as a Group 1 carcinogen. The chemical is present in diesel fumes, and railroad workers are frequently exposed to it.
Railroad workers can also be exposed by cleaning products like CRC or Safety-Kleen. These cleaning products contain a specific benzene known as methylbenzene. When methylbenzene gets into contact with the water, it's transformed into a chemical known as dioxin. Dioxins can cause lung cancer as well as other serious health problems.
Parker Waichman has successfully represented numerous railroad employees in personal injury claims against their employers under FELA. For example an award was made by a jury to an ex- Chicago and North Western Railroad worker $7.5 million for his diagnosis of acute myeloidleukemia following years of exposure to chemicals and solvents on the job.
In another instance, a plaintiff was diagnosed with multiple lymphoma after several years of working as a railway signal maintenance technician. He alleged his condition was caused by exposure to benzene and diesel exhaust that he encountered on the job. Prior to the commencement of trial, BNSF filed a motion for summary judgment based upon the idea that plaintiff could have realized that his cancer was caused by his exposures to chemicals and environmental hazards while working for the railroad.
Creosote Exposure
Creosote, a toxic chemical used to preserve wood, has been linked with several cancers including skin cancer and scrotal cancer. It is a frequent problem for railroad workers working on the maintenance and repairs of railway ties. The National Toxicology Program has reported that workers who handle creosote are at a greater risk of developing cancer that is fatal than the general population.
In an upcoming court case, an employee of a railroad filed suit after being diagnosed with multiple myeloma. He claimed that his occupational exposure to diesel exhaust and other environmental hazards led to the development of cancer. The court decided that the plaintiff was aware of the potential damage he could incur due to his job at the railroad and could have discovered about his condition by conducting an extensive internet search before the diagnosis came in. lawsuits against union pacific railroad did not do so and the case is now time-barred.
In a separate case, the railroad was successful in defending its verdict in a suit brought in Philadelphia County by an ex-railroad employee. The plaintiff claimed he developed bladder cancer due to his exposure to secondhand smoke and other chemicals such as creosote and diesel exhaust.
Parker Waichman has also secured defense verdicts in cases involving different types of cancers such as prostate and lung cancer, brought by other former railroad employees who claimed that their cancers stemmed from an exposure to toxic chemicals on the job. The firm is ready to examine the facts of your case and provide your options.
Asbestos Exposure
Asbestos is a concern for railroad employees. This is often the case when workers are handling railroad ties or repair or install railway equipment. Asbestos exposure can cause mesothelioma and lung cancer and other diseases.
Ronald K. Harris, the plaintiff in a lawsuit filed against CSX Transportation claims that he contracted multiple myeloma due to his work with the railroad. Harris according to the lawsuit worked daily for CSX Transportation in its Laredo railroad yard. As a result Harris breathed in "harmful chemicals, toxic fumes, substances, particles, and other substances that include but are not restricted to diesel exhaust, welding fumes, creosote, phenols, carbon monoxide, dioxins, and heavy metals."
We successfully defended our client at the course of a two-week jury trial which it was claimed that the repetitive bending, lifting, and twisting during the course of work caused herniated lumbar disks and an indefinite disability of 25% that resulted in a loss of wages as well as pain and suffering. The railroad was found not to be negligent and the plaintiff was awarded a modest award.
Environmental Exposure
Railroad workers are exposed a range of chemicals in the environment. Depending on the kind of work they do and the type of work, exposure to chemicals can cause health issues of a variety which include multiple myeloma. Contact Parker Waichman if you or a family member has been diagnosed with myeloma due to working on railroads.
In a recent trial, a railroad employee was awarded $7.5 million by a jury for having been diagnosed with acute myeloid lymphoma and myelodysplastic Symptom (MDS). He sued two major railroads, claiming that their exposure to asbestos and diesel exhaust caused his health problems.
However, the railroads filed an appeal based on summary judgment, which argued 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 failed to conduct a reasonable inquiry into whether the illness was due to his railroad work.
At trial the plaintiff provided expert testimony from an industrial hygiene specialist and epidemiologists. Expert witnesses stated that Harris's myeloma is a result of his exposure diesel exhaust. To support this claim the expert witness cited several studies that proved a correlation between certain types of cancer and diesel exhaust. But, no reputable scientist has ever concluded that diesel exhaust is the reason of multiple myeloma.