Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers may sue for compensation for injuries. However, in order to be successful in bringing a claim the injured party must prove that negligence on the part of the railroad contributed to their injury.
The evidence presented during the trial included the testimony of toxicologist who relied on different studies and relative risks to prove that Harris's multiple myeloma had been caused by his exposure diesel exhaust.
Benzene Exposure
The exposure to benzene can be linked to a variety of hematopoietic malignancies that include 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. This chemical is present in diesel fumes and exhaust which many railroad workers are exposed to on a regular basis.
Some railroad workers are exposed by cleaning products like CRC or Safety-Kleen. These cleaning products contain a benzene type known as methylbenzene. The methylbenzene transforms into a chemical known as dioxin when it comes in contact with water. Dioxins are substances that can lead to numerous health problems such as lung cancer.
Parker Waichman has successfully represented many railroad workers in personal injury claims against their employers under FELA. A jury gave $7.5 million to a former Chicago and North Western Railroad employee diagnosed with acute myeloid cancer after years of exposure.
In another instance the plaintiff was diagnosed with multiple lymphoma following many years of work as a railroad signal maintenance technician. The plaintiff claimed that his condition was caused by exposures to benzene and diesel exhaust which he was exposed to while on the job. BNSF filed an motion for summary judgment prior to the trial began, based on the premise that plaintiff knew or should have knew that his cancer was caused by his exposure to environmental hazards and chemicals when working for the railroad.
Creosote Exposure
Creosote, a poisonous chemical used to preserve wood is linked to several cancers including skin cancer and scrotal carcinoma. This substance is often a problem for railroad workers working in the repair and maintenance of railway ties. The National Toxicology Program reported that workers who handled creosote had greater risk than the general population of developing lethal forms of cancer.
In cancer lawsuits , a railroad worker sued after being diagnosed with multiple myeloma. He claimed that work-related exposure to diesel exhaust as well as environmental dangers caused cancer. The judge ruled that the plaintiff was aware of the potential harm from his railroad work and could have found out about his injury through a reasonably thorough internet search prior to the time he was diagnosed. Since he was not able to undertake this task his claim is time-barred.
In a different case, the railroad won its defense verdict in a suit brought in Philadelphia County by an ex-railroad worker. The plaintiff claimed he developed bladder cancer as a result of his exposure to secondhand smoke and other chemicals such as creosote and diesel exhaust.
Parker Waichman has also obtained defense verdicts in cases that involve other types of cancers like prostate and lung cancer. These cases were brought by former railroad employees who claimed that their cancers had been resulted from a lifetime exposure to toxic chemicals at work. The firm is prepared to review the facts of your case and explain your options.
Asbestos Exposure
Railroad employees may be exposed to asbestos in their work. This exposure often occurs when workers manage railroad ties or repair or install railway equipment. Asbestos is known to cause lung cancer, mesothelioma and other illnesses.
union pacific railroad lawsuit . Harris, the plaintiff in a lawsuit against CSX Transportation claims that he was diagnosed with multiple myeloma as a result of his work with the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a daily basis. In the process Harris breathed in "harmful chemical substances, toxic chemicals, agents, fumes, particles, and other substances which include but not including diesel exhaust, welding fumes, creosote, phenols, carbon monoxide, dioxins, and heavy metals."
cancer lawsuit defended our client during the two-week trial of a jury in which it was claimed that repetitive bending, lifting and twisting when working as a trackman caused herniated lumbar disks and a 25% permanent disability that caused loss of earnings and pain and suffering. The railroad was found not to be negligent and the plaintiff received only a modest amount.
Environmental Exposure
Railroad workers are exposed to a range of chemicals in the environment. This exposure can lead to many health issues including multiple myeloma, depending on the nature and severity of the work. If you or a loved one has been diagnosed with multiple myeloma as the result of work on the railroad, contact Parker Waichman to discuss your options.
In a recent case, a railroad worker received $7.5 million from an appeals court after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railways and claimed that their exposure to asbestos and diesel exhaust caused health issues.
However, the railroads filed an appeal based on summary judgment, which argued that the plaintiff was aware of most important facts and potential reasons for his injury at the time he was diagnosed. The court ruled in favor of the railroads' motion, concluding that the plaintiff was unable to make a reasonably diligent inquiry into whether or not his illness was due to his employment at a railroad.
The plaintiff offered evidence from an industrial hygienist, as well as epidemiologists. The expert witnesses claimed that Harris's myeloma is a result of his exposure to diesel exhaust. The expert witness referenced a variety of studies to support this claim. These studies proved the connection between diesel exhaust and certain types of cancer. However, no respected scientist has ever concluded that diesel exhaust is the cause of multiple myeloma.