Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are able to claim compensation for injuries. To be successful, the injured person must prove the railroad was negligent in causing injury.
The evidence presented during the trial included testimony from an toxicologist who used a variety of studies and their relative risks to establish that Harris's multi myeloma had been caused by his exposure to diesel exhaust.
Benzene Exposure
Benzene is linked to several hematopoietic tumors 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 classification of benzene is Group 1 carcinogen. This chemical can be found in diesel fumes, and many railway workers are regularly exposed to it.
Some railroad workers are also exposed by cleaning products like CRC or Safety-Kleen. These cleaning products contain a type benzene known as methylbenzene. The methylbenzene can be converted into dioxin, a chemical when it comes into contact with water. Dioxins are chemicals that can trigger numerous 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 tumors after years of exposure.
In another instance the plaintiff was diagnosed with multiple lymphoma resulting from several years of employment as a railroad signal maintenance technician. He claimed his condition was caused from exposure to diesel exhaust and by benzene he had experienced while working. BNSF filed a summary judgment motion before the trial began based on the premise that plaintiff knew or should've been aware that his cancer was caused by his exposure to environmental hazards and chemicals while working for the railroad.
Creosote Exposure
A toxic chemical used as a wood preservative creosote is linked to several cancers, including skin and scrotal cancer. It is a frequent problem for railroad workers who work on the maintenance and repairs of railway ties. The National Toxicology Program has reported that those who handle creosote face a higher risk of developing cancer that is fatal 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 as well as environmental dangers caused cancer. The court determined that the plaintiff was aware of the possibility of negative effects of his work at the railroad and could have discovered his injury by conducting a fairly thorough internet search at the time he was diagnosed. Since he did not take this step the action is barred.
In a different case the railroad was successful in defending a decision in a suit filed in Philadelphia County by a former railroad employee. The plaintiff claimed that he developed bladder cancer due to the exposure he had to secondhand smoke and other chemicals, like creosote or diesel exhaust.
Parker Waichman has also secured defense verdicts in the cases involving different types of cancers including lung and prostate cancer, brought by former railroad employees who claimed their cancers were caused by a lifetime of exposure to toxic chemicals on the job. railroad class action lawsuit is available to review the facts of your case and present your options.
Asbestos Exposure
Asbestos may pose a health risk for railroad employees. Workers are exposed to asbestos when they handle railroad ties, fix or install railway gear or work on railroad tie. Asbestos exposure can result in mesothelioma, lung cancer, and other illnesses.
Ronald K. Harris, the plaintiff in a lawsuit filed against CSX Transportation claims that he was diagnosed with multiple myeloma as a result of his job at the railroad. Harris, according to the lawsuit, worked on a daily basis for CSX Transportation in its Laredo railroad yard. He breathed "harmful and toxic fumes, chemicals, and agents including but not restricted to diesel exhaust, welding fumes and creosote.
We successfully defended our client during the course of a two-week jury trial which it was claimed that the repetitive stretching, lifting and twisting while working as a trackman resulted in herniated lumbar disks, and an indefinite disability of 25% that caused loss of earnings and suffering and pain. The railroad was found not to be negligent and the plaintiff received just a tiny amount.
Environmental Exposure
Railroad workers are exposed a variety of environmental chemicals. This exposure can trigger various health issues such as multiple myeloma. This is based on the type and extent of the work. If you or a loved one has been diagnosed with multiple myeloma the result of work on the railroad, contact Parker Waichman to discuss your options.
In a recent case, a railroad worker received $7.5 million from the jury after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railways, claiming their exposure to asbestos and diesel exhaust caused health issues.
The railroads filed a motion for summary judgement asserting that at the time of the plaintiff's diagnosis, it was aware of the details and causes of the injury. The court ruled in favor of the railroads' motion concluding that the plaintiff had failed to make a reasonably diligent investigation into whether his health condition was related to his railroad work.
In the courtroom, the plaintiff presented expert testimony from an industrial hygiene specialist and epidemiologists. The expert witnesses claimed that Harris's myeloma is the result of his exposure to diesel exhaust. In support of this claim, the expert witness referenced various studies that showed an association between certain types of cancers and diesel exhaust. However, no reputable scientist has ever claimed that diesel exhaust is the reason of multiple myeloma.