Multiple Myeloma Caused by Railroad Work
Under FELA railroad employees can bring lawsuits to seek compensation for their injuries. To be successful, the injured person must prove that the railroad was negligent in causing the injury.
The evidence presented at the trial included the testimony of an toxicologist, who relied on various studies and risk factors to prove that Harris's multiple myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
Benzene is linked to a number of 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, it is a Group 1 Carcinogen. The chemical is found in diesel fumes and exhaust that many railroad workers are exposed to on a regular regularly.
Some railroad workers are exposed to cleaning products such as CRC or Safety-Kleen. These kinds of cleaning agents typically contain a form of benzene, namely the methylbenzene. When methylbenzene is in contact with the water, it's converted into a chemical called dioxin. Dioxins can cause lung cancer and other serious health issues.
Parker Waichman has represented railroad employees in personal injury lawsuits against their employers, under the FELA. For instance an award was made by a jury to a former Chicago and North Western Railroad worker $7.5 million after he was diagnosed of acute myeloidleukemia after years of exposure to solvents and chemicals on the job.
In a different case the plaintiff was diagnosed with multiple lymphoma resulting from several years of working as a railway signal maintenance technician. The plaintiff claimed that his condition was caused by exposure to diesel exhaust, as well as the benzene that he was exposed to on the job. BNSF filed a summary judgment motion before the trial began based on the claim that plaintiff knew or should've known that his cancer was caused by his exposure to environmental hazards and chemicals when working for the railroad.
Creosote Exposure
A poisonous chemical that is used as a wood preservative creosote is linked to several cancers, including skin and scrotal cancer. Scleroderma lawsuit who worked on the maintenance and repair of railway ties are regularly exposed to this chemical. The National Toxicology Program has reported that workers who handle creosote are at a greater risk of developing lethal cancer than the general population.
A recent court case where a railroad worker who was diagnosed with myeloma, alleges the exposure to diesel exhaust and other environmental dangers caused the cancer. The court ruled that the plaintiff was aware of the potential damage he could incur from his work at the railroad, and could have discovered about his injury by conducting a diligent internet search when the diagnosis came in. He was not able to do so and his claim was deemed to be time-barred.
In a different case the railroad was successful in defending a verdict in a lawsuit brought in Philadelphia County by a former railroad employee. The plaintiff claimed that he had developed bladder cancer as a result of his occupational exposure to smoke and other chemicals such as diesel exhaust and creosote.
Parker Waichman has also obtained defense verdicts in cases that involve other types cancers, such as lung and prostate cancer. These cases were brought by former railroad workers, who claimed their cancers had been due to a lifetime exposure to toxic chemicals at work. Parker Waichman is prepared to review your case's facts and discuss your options.
Asbestos Exposure
Asbestos can pose a risk for railroad workers. Workers are exposed to asbestos when they operate railroad ties, repair or install railway gear, or work on railroad railway ties. Stomach cancer lawsuit is known to cause mesothelioma, lung cancer and other cancers.
Ronald K. Harris, the plaintiff in a lawsuit against CSX Transportation claims that he contracted multiple myeloma because of his work with the railroad. Harris according to the suit, worked every day for CSX Transportation in its Laredo railroad yard. In the process, he inhaled "harmful chemicals, toxic agents, fumes and particles, and other substances that include but are not restricted to diesel exhaust, welding fumes, creosote, carbon monoxide and phenols. dioxins and heavy metals."
We successfully defended our clients in the trial of a jury that lasted two weeks, in which it was alleged that repetitive lifting and bending as trackmen caused herniated disks in the lumbar region, causing an impairment of 25% which resulted in a loss of wage as well as pain and discomfort. The railroad was found not be negligent, and the plaintiff received only a modest amount.
Environmental Exposure
Railroad workers are exposed a range of chemicals in the environment. This exposure can cause many health issues including multiple myeloma, based on the type and amount of the work. Contact Parker Waichman if you or a family member has been diagnosed with myeloma after working on railroads.
In a recent court case, a railroad employee was awarded $7.5 million by a juror for being diagnosed with acute myeloid leukemia and myelodysplastic Syndrome (MDS). He sued two major railways and claimed that their exposure to asbestos and diesel exhaust caused health issues.
The railroads filed an appeal for summary judgment asserting that at the time of the plaintiff's diagnosis the plaintiff was aware of all the factors and causes of his injury. Stomach cancer lawsuit agreed with the railroads and granted their motion, concluding that the plaintiff hadn't conducted a reasonable investigation to determine whether his condition was connected to his work at the railroad.
At trial the plaintiff provided expert evidence from an industrial hygienist and epidemiologists. Expert witnesses claimed that Harris's myeloma arose as a result of his exposure to diesel exhaust. To prove this claim the expert witness cited various studies that revealed that there was a link between certain kinds of cancers and diesel exhaust. But, no reputable scientist has ever concluded that diesel exhaust is a cause of multiple myeloma.