Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are able to sue to recover compensation for injuries. In order to bring a successful claim, the injured worker must show that negligence on the part of railroad workers played a role in causing their injuries.
The evidence presented during the trial included the testimony of a toxicologist who used different studies and the relative risk to prove that Harris's multiple myeloma was caused by his exposure diesel exhaust.
Benzene Exposure
It is linked to various hematopoietic cancers 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 found in diesel fumes and exhaust which many railroad workers are exposed to on a daily on a regular.
Railroad workers can also be exposed to cleaning products such as Safety-Kleen or CRC. These cleaning products contain a specific benzene known as methylbenzene. When methylbenzene is in contact with the water, it transforms into a chemical known as dioxin. Dioxins are a group of chemicals that can trigger a variety of serious health problems, including lung cancer.
Parker Waichman has represented railroad employees in personal injury lawsuits against their employers, under the FELA. A jury awarded $7.5 million to an ex- Chicago and North Western Railroad employee who was diagnosed with acute myeloid cancer after years of exposure.
In another instance, a plaintiff was diagnosed with multiple lymphoma following several years of working as a railroad signal maintenance technician. The plaintiff claimed that his condition was the result of exposures to diesel exhaust and benzene which he was exposed to while working. Prior to the beginning of trial, BNSF filed a motion for summary judgment based upon the idea that plaintiff knew or ought to have known that his cancer was related to the exposure to chemicals and environmental hazards during his railroad employment.
Creosote Exposure
Creosote is a toxic chemical used to preserve wood has been linked to several cancers including skin cancer and scrotal cancer. This chemical is often a problem for railroad workers working in the repair and maintenance of railway ties. wasatch railroad contractors lawsuit reported that workers who handled creosote had greater risk than the general public of developing lethal forms of cancer.
In the recent court case, railroad workers filed suit after being diagnosed with multiple myeloma. He claimed that occupational exposure to diesel exhaust as well as environmental dangers led to cancer. The court found that the plaintiff was aware of the potential damage he could incur from his work at the railroad, and could have learned about his injury through an exhaustive search on the internet when he was diagnosed. He did not undertake the search and the case is now time-barred.
In a different case, the railroad won its defense verdict in a lawsuit filed in Philadelphia County by an ex-railroad employee. The plaintiff claimed that he developed bladder cancer as a result of his exposure to secondhand smoke and other chemicals, like creosote or diesel exhaust.
Parker Waichman has also secured defense verdicts in cases involving other types of cancers including prostate and lung cancers, which were brought by former railroad workers who claimed their cancers were related to an exposure to toxic chemicals at work. The firm is prepared to review the facts of your case and provide you with options.
Asbestos Exposure
Asbestos can be a problem for railroad workers. Workers are exposed to asbestos when they work with railroad ties, repair or install railway gear, or work on railroad ties. Asbestos is known to cause lung cancer, mesothelioma and other diseases.
In a case filed against CSX Transportation, plaintiff Ronald K. Harris alleges that he contracted multiple myeloma as a consequence of his work with the railroad. Harris according to the lawsuit, was employed every day by CSX Transportation in its Laredo railroad yard. He inhaled "harmful and toxic fumes, chemicals, and agents including but not limited to diesel exhaust, welding fumes and creosote.
We successfully defended our client during the two-week trial of a jury in which it was alleged that the repetitive stretching, lifting and twisting while working as a trackman caused herniated discs in the lumbar region and an indefinite disability of 25% that caused loss of earnings and suffering and pain. The railroad was not found to be negligent and the plaintiff was awarded just a tiny amount.
Environmental Exposure
Railroad workers are exposed a range of chemicals in the environment. Depending on the type of work done and the type of work, exposure to chemicals can cause health issues of a variety, including multiple myeloma. If you or someone you love has been diagnosed with multiple myeloma due to work on the railroad, get in touch with Parker Waichman to discuss your options.
In a recent case, an employee of a railroad was awarded $7.5 million by a jury for being diagnosed with acute myeloid leukemia and myelodysplastic Disorder (MDS). He filed a lawsuit against two major railroads and claimed that their exposure to diesel exhaust and asbestos caused his health issues.
The railroads filed a motion for summary judgement in which they claimed that at the time of the plaintiff's diagnosis, he was aware of all the circumstances and causes of his injury. The court sided with the railroads and granted their motion, concluding that the plaintiff had not conducted a reasonable investigation to determine whether his condition was due to his employment at a railroad.
At trial, the plaintiff presented expert testimony from an industrial hygienist and epidemiologists. The expert witnesses claimed Harris's myeloma was a result of his exposure to diesel exhaust. To support this claim the expert witness cited various studies that revealed the connection between certain types of cancers and diesel exhaust. But, no reputable scientist has ever concluded that diesel exhaust is the reason of multiple myeloma.