Multiple Myeloma Caused by Railroad Work
Under FELA railroad employees can make lawsuits to claim compensation for their injuries. To bring a successful claim, the injured worker must show that the railroad's negligence caused their injuries.
The evidence presented at the trial included the testimony from toxicologist who utilized different studies and the relative risk to demonstrate that Harris’s multiple myeloma was caused by the exposure to diesel exhaust.
Benzene Exposure
Exposure to benzene has been linked with a range of hematopoietic tumors, including 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. This chemical is present in diesel exhaust and fumes which many railroad workers are exposed to on a regular basis.
Railroad workers may also be exposed to cleaning products such as Safety-Kleen or CRC. These kinds of cleaning products typically contain a form of benzene, namely the methylbenzene. The methylbenzene is converted to dioxin, a chemical when it comes into contact with water. Dioxins can cause lung cancer and other serious health problems.
Parker Waichman has successfully represented many railroad workers in personal injury lawsuits against their employers under FELA. For instance, a jury awarded a former Chicago and North Western Railroad worker $7.5 million for his diagnosis of acute myeloid leukemia following years of exposure to chemicals and solvents on the job.
Another instance involved a plaintiff who was diagnosed with multiple myeloma while working as a railroad signal maintenance engineer for a period of time. He claimed that his illness was caused by exposure to diesel exhaust, as well as benzene he had experienced on the job. Prior to the start of trial, BNSF filed a motion for summary judgment based on the idea that plaintiff was aware or should have known that his cancer was a result of the exposure to chemicals and environmental hazards while working for the railroad.
Creosote Exposure
A toxic chemical that is used as a wood preservative creosote is associated with various cancers, including scrotal and skin cancer. This substance is often a problem for railroad workers working on the maintenance and repairs of railway ties. cancer lawsuits reported that workers who handled creosote had a higher risk than the general population of developing lethal forms of cancer.
A recent court case in which a railroad worker filed suit after being diagnosed with myeloma, alleges his occupational exposures to diesel exhaust and other environmental toxins caused the cancer. The judge ruled that the plaintiff was aware of the potential negative effects of his work at the railroad and could have found out about his injury through a reasonably thorough internet search at the time he was diagnosed. The plaintiff did not take the necessary steps and the case was deemed to be time-barred.
In a separate case, the railroad was successful in defending a verdict in a lawsuit filed in Philadelphia County by a former railroad employee. The plaintiff claimed that he had developed bladder cancer due to the exposure he received to smoke and other chemicals like diesel exhaust and creosote.
Parker Waichman has also secured defense verdicts in cases that involve other types of cancers including lung and prostate cancer, brought by former railroad workers who alleged their cancers were caused by an exposure to toxic chemicals on the job. The firm is ready to review your case's details and explain your options.
Asbestos Exposure
Railroad workers may be exposed to asbestos while working. This exposure often occurs when workers handle railroad ties or repair or install railway equipment. cancer lawsuit is known to cause lung cancer, mesothelioma and other cancers.
Ronald K. Harris, the plaintiff in a lawsuit against CSX Transportation claims that he contracted multiple myeloma through his work at the railroad. Harris according to the lawsuit, worked on a daily basis for CSX Transportation in its Laredo railroad yard. In the process Harris breathed in "harmful, toxic chemicals, fumes, substances, particles, and substances which include but not including diesel exhaust creosote, welding fumes, phenols, carbon monoxide, dioxins, and heavy metals."
We successfully represented our clients at the trial of a jury that lasted two weeks, in which it was claimed that the repetitive lifting and bending while working as trackmen led to herniated disks in the lumbar region, causing an injury that caused a 25% disability for the rest of his life that resulted in loss of wages as well as discomfort and pain. The railroad was found not be negligent and the plaintiff was awarded only a minimal award.
Environmental Exposure
Railroad workers are exposed to a range of chemicals in the environment. Based on the type of work done, this exposure can cause a variety of health issues, including multiple myeloma. If you or a loved one has been diagnosed with multiple myeloma as a result of work on the railroad, call Parker Waichman to discuss your options.
In a recent case a railroad worker was awarded $7.5 million from the jury after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He filed a lawsuit against two major railroads, claiming that their exposure to diesel exhaust and asbestos led to his health issues.
However the railroads brought a summary judgment motion arguing that the plaintiff was aware of most important facts and potential causes of his injury by the time of his diagnosis. The court agreed with the railroads and granted their motion, concluding the plaintiff had not made a reasonable inquiry to determine if the condition was due to his railroad employment.
The plaintiff offered expert testimony during the trial of an industrial hygienist as well as epidemiologists. The expert witnesses said that Harris's myeloma is a result of his exposure diesel exhaust. To prove Leukemia lawsuit cited various studies that revealed a correlation between certain types of cancer and diesel exhaust. However, no credible scientist has ever claimed that diesel exhaust is the main cause of multiple myeloma.