Multiple Myeloma Caused by Railroad Work
Under FELA, railroad workers can bring lawsuits to seek compensation for their injuries. However, to bring a successful claim, the injured party must prove that the railroad's negligence contributed to their injuries.
The evidence presented at the trial included the testimony of toxicologist who conducted various studies and relative risk factors to prove Harris's myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
Exposure to benzene is linked to a variety of hematopoietic malignancies which 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 it is classified as a Group 1 carcinogen. The chemical is present in diesel fumes and many railroad workers are exposed to it.
Additionally, cancer lawsuits are also exposed to benzene by using cleaning products such as Safety-Kleen or CRC. These cleaning products typically contain a form of benzene referred to as the methylbenzene. When methylbenzene comes 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 many railroad workers in personal injury claims against their employers under FELA. A jury awarded $7.5 million to an ex- Chicago and North Western Railroad employee diagnosed with acute myeloid cancer after years of exposure.
Another instance involved one plaintiff who was diagnosed with multiple myeloma after working as an engineer for railroad signal maintenance for a number of years. union pacific railroad lawsuit claimed that his illness was caused by exposure to diesel exhaust and by benzene he had experienced during his job. BNSF filed an appeal to dismiss the summary judgment before the trial began, based on the theory plaintiff knew or should have had the knowledge that his cancer was the result of his exposure to chemicals and environmental hazards when working for the railroad.
Creosote Exposure
A poisonous chemical that is that is used as a wood preserver creosote is associated with various cancers, including skin and scrotal cancer. This substance is often a issue for railroad workers who work 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 a recent court case railroad workers filed suit after being diagnosed with multiple myeloma. He claimed that work-related exposure to diesel exhaust and other environmental dangers caused cancer. The court ruled the plaintiff knew of the potential harm he could suffer from his work at the railroad, and could have found out about his injury through an extensive internet search before he was diagnosed. Because he failed to take this step the action is barred.
In a different case, the railroad was able to win a defense verdict in a case filed in Philadelphia County by a former railroad employee. The plaintiff claimed that he had developed bladder cancer due to his occupational exposure to smoke, other chemicals such as diesel exhaust, and creosote.
Parker Waichman has also obtained defense verdicts in cases involving other types cancers, including prostate and lung cancer. These cases were brought by former railroad employees who claimed their cancers had been caused by exposure to toxic chemicals at work. The firm is prepared to analyze the facts of your case, and then explain your options.
Asbestos Exposure
Railroad workers may be exposed to asbestos while working. This is often the case when workers are handling railroad ties, or repair or install railway equipment. Asbestos is known to cause lung cancer, mesothelioma and other illnesses.
In a lawsuit filed against CSX Transportation, plaintiff Ronald K. Harris alleges that he contracted multiple myeloma due to the effects from his work for the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a daily basis. In the process, he inhaled "harmful toxic chemicals, fumes, substances, particles, and substances that include but are not restricted to diesel exhaust creosote, welding fumes, carbon monoxide, phenols dioxins and heavy metals."
cancer lawsuits defended our client during a two-week jury trial in which it was alleged that repetitive bending, lifting and twisting when working as a trackman caused herniated lumbar disks and a 25% permanent disability which resulted in loss of wages and pain and suffering. The railroad was found not to be negligent and the plaintiff was awarded only a minimal award.
Environmental Exposure
Railroad workers are exposed a number of different environmental chemicals. This exposure can cause a variety of health problems including multiple myeloma, depending on the nature and severity of the work. If you or a loved one has been diagnosed with multiple myeloma due to work on the railroad, contact Parker Waichman to discuss your options.
In a recent case, railroad workers received $7.5 million from the jury after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railroads, claiming that their exposure to asbestos and diesel exhaust caused his health issues.
The railroads filed an appeal for summary judgment asserting that at the time of the plaintiff's diagnosis he was aware of all the details and causes of the injury. The court agreed with the railroads and granted their motion concluding that the plaintiff hadn't made a reasonable inquiry to determine if the condition was related to his employment at a railroad.
In the courtroom the plaintiff presented expert testimony from an industrial hygienist and epidemiologists. The expert witnesses said that Harris's myeloma is a result of his exposure to diesel exhaust. To prove this claim the expert witness cited several studies that proved that there was a link between certain kinds of cancers and diesel exhaust. However, no credible scientist has ever claimed that diesel exhaust is a cause of multiple myeloma.