Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers may claim compensation for injuries. To be successful, the injured party must prove that the railroad was negligent in causing the injury.
The evidence presented in the trial included testimony from a toxicologist, who used various studies and relative risk factors to establish Harris's myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
It is linked to several hematopoietic tumors which include Acute Myeloid Leukemia(AML), Acute Non-Lymphocytic Leukemia(ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer (IARC), benzene is classified as a Group 1 carcinogen. cancer lawsuit is present in diesel fumes and many railroad workers are frequently exposed to it.
Railroad workers can also be exposed to cleaning products such as CRC or Safety-Kleen. These cleaning agents contain a type benzene known as methylbenzene. The methylbenzene is converted to dioxin, a chemical when it comes into contact with water. Dioxins can cause lung cancer as well as other serious health problems.
Parker Waichman has represented railroad workers in personal injury cases against their employers, as part of the FELA. For example the jury awarded a former Chicago and North Western Railroad worker $7.5 million for the diagnosis of acute myeloid leukemia following years of exposure to chemicals and solvents while working.
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. He claimed his condition was caused by exposure to diesel exhaust and benzene which he was exposed to while on the job. BNSF filed an appeal to dismiss the summary judgment before the trial started 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 while working for the railroad.
Creosote Exposure
Creosote, a poisonous chemical used to preserve wood has been linked to several cancers including skin cancer and scrotal carcinoma. Creosote is a common issue for railroad workers who work on the maintenance and repair of railway ties. The National Toxicology Program reported that those who handled creosote were at more risk than general public of developing lethal forms of cancer.
In a recent court case an employee of a railroad filed suit after being diagnosed with multiple myeloma. He claimed that his work-related exposure to diesel exhaust and other environmental hazards caused cancer. The judge determined that the plaintiff was aware of the potential damage he could suffer from his work on railroads and could have discovered the injury through a reasonably thorough internet search prior to the time when he was diagnosed. The plaintiff did not do so and the case is now barred.
In a different case, the railroad was able to win a defense verdict in a lawsuit filed in Philadelphia County by a former railroad employee. The plaintiff claimed that he had developed bladder cancer as a result of the exposure he received to smoke and other chemical substances such as diesel exhaust, and creosote.
Parker Waichman has also secured defense verdicts in the cases involving other types of cancers, including prostate and lung cancer, which was brought by former railroad employees who claimed their cancers were caused by an exposure to toxic chemicals on the job. The firm is ready to examine the facts of your case and discuss your options.
Asbestos Exposure
Railroad employees may be exposed to asbestos in their work. This is often the case when workers manage 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 brought against CSX Transportation claims that he contracted multiple myeloma because 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, toxic chemicals, fumes, agents, particles, and other substances, including but not only diesel exhaust creosote, welding fumes, carbon monoxide, phenols dioxins and heavy metals."
We successfully defended our client at the two-week trial of a jury in which it was claimed that the repetitive bent, lifting and twisting while working as a trackman caused herniated discs in the lumbar region and an indefinite disability of 25% resulting in lost wages and suffering and pain. The railroad was not found to be negligent and the plaintiff was awarded a modest award.
Environmental Exposure
Railroad workers are exposed a number of different environmental chemicals. This exposure can trigger various health issues including multiple myeloma, depending on the nature and intensity of the work. If you or a loved one has been diagnosed with multiple myeloma the result of work on the railroad, get in touch with Parker Waichman to discuss your options.
In a recent case, railroad workers received $7.5 million from an appeals court after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railways, claiming their exposure to asbestos and diesel exhaust caused his health issues.
cancer lawsuit filed a motion for summary judgement asserting that at the time of the plaintiff's diagnosis he was aware of all the details and causes of the injury. The court sided with the railroads and granted their motion concluding that the plaintiff has not conducted a reasonable investigation to determine if his condition was due to his work at the railroad.
At trial, the plaintiff presented expert testimony from an industrial hygiene specialist and epidemiologists. Leukemia lawsuit claimed Harris's myeloma was the result of the exposure he received to diesel exhaust. To support this assertion the expert witness cited several studies that proved that there was a link between certain kinds of cancer and diesel exhaust. However, no reputable scientist has ever claimed that diesel exhaust is the main cause of multiple myeloma.