Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers may sue to obtain compensation for injuries. To be successful in bringing a claim the injured worker must prove that negligence by the railroad contributed to their injuries.
The evidence presented at the trial included the testimony from a toxicologist who used different studies and the relative risk to show that Harris's multiple myeloma was triggered by his exposure diesel exhaust.
Benzene Exposure
Benzene exposure is associated with a variety of hematopoietic malignancies, including 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 classification of benzene is Group 1 carcinogen. This chemical is found in diesel fumes, and many railroad workers are regularly exposed to it.
Some railroad workers are exposed to cleaning products such as Safety-Kleen or CRC. These cleaning agents contain a type benzene known as methylbenzene. The methylbenzene converts 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 successfully represented numerous railroad workers in personal injury lawsuits against their employers under 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 instance involved one plaintiff who was diagnosed with multiple myeloma following working as an engineer for railroad signal maintenance for several years. The plaintiff claimed that his condition was a result of exposure to benzene and diesel exhaust that he experienced while on the job. BNSF filed an appeal to dismiss the summary judgment before the trial started on the claim that plaintiff knew or should've had the knowledge that his cancer was a result of exposure to chemicals and environmental hazards when working for the railroad.
Creosote Exposure
A toxic chemical used as a wood preservative creosote is associated with several cancers, including skin and scrotal cancer. Railroad workers who worked on the maintenance and repair of railway ties can be exposed to this chemical. The National Toxicology Program has reported that workers who work with creosote have a greater chance of developing cancer lethal than the general population.
In a recent court case an employee of a railroad filed suit after being diagnosed with multiple myeloma. He claimed that exposure to diesel exhaust and environmental hazards caused cancer. union pacific railroad lawsuits found that the plaintiff was aware of the harm he could suffer due to his job at the railroad and could have found out about his injury through an exhaustive search on the internet when the diagnosis came in. Because he failed to undertake this task the action is barred.
In a separate case the railroad won its defense verdict in a suit filed in Philadelphia County by an ex-railroad worker. The plaintiff claimed that he was diagnosed with bladder cancer as a result of his occupational exposure to smoke and other chemical substances such as diesel exhaust, and creosote.
Parker Waichman has also obtained defense verdicts in cases that involve other types cancers, like prostate and lung cancer. BNSF Railway lawsuit were brought by former railroad employees, who claimed their cancers were caused by a lifetime exposure to toxic chemicals at work. Parker Waichman is prepared to review your case's details and explain your options.
Asbestos Exposure
Railroad employees can be exposed to asbestos during their job. This can happen when workers handle railroad ties or repair or install railway equipment. Asbestos can cause mesothelioma, lung cancer and other illnesses.
Ronald K. Harris, the plaintiff in a lawsuit against CSX Transportation claims that he contracted multiple myeloma due to his work with the railroad. Harris as per the lawsuit, worked on a daily basis for CSX Transportation in its Laredo railroad yard. As a result Harris inhaled "harmful chemical substances, toxic chemicals, fumes, substances, particles, and other substances, including but not restricted to diesel exhaust, welding fumes, creosote, carbon monoxide, phenols, dioxins, and heavy metals."
We successfully defended our client in an two-week jury trial in which it was claimed that repetitive bending, lifting, and twisting when working as a trackman caused herniated lumbar disks 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 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 based on the nature and severity of the work. If you or a loved one has been diagnosed with multiple myeloma a result of work on the railroad, you should contact Parker Waichman to discuss your options.
In csx lawsuit , an employee of a railroad received $7.5 million from a jury following his diagnosis with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He filed a lawsuit against two major railroads, alleging that their exposure to asbestos and diesel exhaust caused his health issues.
However the railroads subsequently filed a summary judgement motion, arguing that the plaintiff was aware of the fundamental facts and possible causes of his injury at the time of his diagnosis. The court agreed with the railroads and granted their motion concluding that the plaintiff has not conducted a reasonable investigation to determine if his illness was related to his work at the railroad.
The plaintiff presented expert testimony during the trial of an industrial hygienist, as well as epidemiologists. The expert witnesses claimed that Harris's myeloma was a result of his exposure to diesel exhaust. The expert witness cited various studies to prove this. These studies revealed a correlation between diesel exhaust and certain kinds of cancers. However, no respected scientist has ever concluded that diesel exhaust is the main cause of multiple myeloma.