Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are entitled to file lawsuits to recover compensation for their injuries. However, in order to make a claim that is successful, the injured person must prove that negligence on the part of railroad workers played a role in causing their injury.
The evidence presented in the trial included testimony from an toxicologist, who relied on various studies and relative risk factors to show that Harris's multiple myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
Exposure to benzene is linked to a variety of hematopoietic cancers which 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. The chemical is found in diesel exhaust and fumes which railroad workers are exposed to on a regular regularly.
Furthermore, some railroad employees are also exposed to benzene from cleaning products such as Safety-Kleen or CRC. These cleaning products contain a benzene type known as methylbenzene. When methylbenzene comes in contact with water, it transforms into a chemical called dioxin. Dioxins are a class of substances that can lead to a variety of serious health problems including lung cancer.
Parker Waichman has successfully represented numerous railroad employees in personal injury cases against their employers under FELA. For instance an award was made by a jury to an ex- Chicago and North Western Railroad worker $7.5 million for his diagnosis of acute myeloidleukemia after years of exposure to solvents and chemicals on the job.
Leukemia lawsuit involved a plaintiff who was diagnosed with myeloma after working as an engineer in the maintenance of railroad signals for a number of years. The plaintiff claimed that his condition was caused by exposure to diesel exhaust, as well as the benzene he encountered on the job. Prior to the commencement of trial, BNSF filed a motion for summary judgment based on the idea that plaintiff knew or ought to have known that his cancer was due to the exposure to chemicals and environmental hazards during his railroad employment.
Creosote Exposure
A toxic chemical that is used as a wood preserver creosote is linked to various cancers including scrotal and skin cancer. This chemical is often a issue for railroad workers working in the repair and maintenance of railway ties. The National Toxicology Program reported that workers who handled creosote had greater risk than the general population of developing fatal forms of cancer.
A recent court case where a railroad worker filed suit after being diagnosed with multiple myeloma alleges the exposure to diesel exhaust and other environmental toxins caused the cancer. The court ruled the plaintiff was aware of the damage he could incur because of his job as a railroad worker and could have learned about his injuries by conducting an extensive internet search before the diagnosis came in. Since he did not do this his claim is time-barred.
In a different case the railroad was able to win a defense verdict in a case filed in Philadelphia County by a former railroad worker. The plaintiff claimed that the cause of his illness was bladder carcinoma as a result the exposure he received to smoke and other chemical substances such as diesel exhaust and creosote.
Parker Waichman has also obtained defense verdicts in cases that involve different types of cancers, like prostate and lung cancer. These cases were brought by former railroad employees who claimed their cancers had been due to a lifetime exposure to toxic chemicals at work. The firm is prepared to review the facts of your case and provide you with options.
Asbestos Exposure
Railroad workers may be exposed to asbestos while working. Workers are exposed to asbestos while they work on railroad ties, repair or install railway gear, or work on railroad tracks. Asbestos exposure can cause mesothelioma or lung cancer and other diseases.
In a case brought against CSX Transportation, plaintiff Ronald K. Harris claims that he developed multiple myeloma as a result from his work for the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a daily basis. Harris breathed "harmful and toxic chemicals, agents and fumes including but not restricted to diesel exhaust, welding fumes and creosote.
We successfully represented our clients at a jury trial lasting two weeks, in which it was claimed that the repetitive lifting and bending while working as trackmen resulted in herniated disks in the lumbar region, causing an impairment of 25% which resulted in a loss of wage and discomfort and pain. The railroad was found not to be negligent and the plaintiff received a minimal award.
Environmental Exposure
Railroad workers are exposed a variety of environmental chemicals. This exposure can cause numerous health problems 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 following working on the railroad.
In a recent court case, an employee of a railroad was awarded $7.5 million by a jury for having been diagnosed with acute myeloid leukemia and myelodysplastic Disorder (MDS). He sued two major railways for claiming that exposure to diesel exhaust and asbestos caused his health issues.
The railroads filed an appeal for summary judgment in which they claimed that at the time of the plaintiff's diagnosis, he was aware of all the facts and causes of his injury. The court agreed with the railroads and granted their motion, concluding that the plaintiff has not made a reasonable inquiry to determine whether his condition was related to his work at the railroad.
In the courtroom the plaintiff offered expert testimony from an industrial hygienist and epidemiologists. Expert witnesses claimed that Harris's myeloma was the result of the exposure he received to diesel exhaust. To support this assertion, the expert witness referenced numerous studies that demonstrated the connection between certain types of cancers and diesel exhaust. However, no reputable scientist, has ever concluded diesel exhaust to be the cause of multiple myeloma.