Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are entitled to sue to recover compensation for their injuries. To be successful, the person who was injured must prove the railroad was negligent in causing the injury.
The evidence presented at the trial included the testimony of an toxicologist, who relied on various studies and risk factors to establish that Harris's multiple myeloma was caused by his 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 can be found in diesel fumes, and many railroad workers are exposed to it.
Some railroad workers are exposed to cleaning products like Safety-Kleen or CRC. These kinds of cleaning agents typically contain a kind of benzene known as methylbenzene. The methylbenzene transforms into dioxin, a chemical when it comes in contact with water. Dioxins are a group of substances that can cause various serious health problems such as lung cancer.
Parker Waichman has represented railroad employees in personal injury lawsuits against their employers, under the FELA. For instance, a jury awarded a former Chicago and North Western Railroad worker $7.5 million after he was diagnosed of acute myeloid leukemia following years of exposure to solvents and chemicals on the job.
Another instance involved the plaintiff who was diagnosed with multiple myeloma after working as a railroad signal maintenance engineer for a number of years. He claimed his condition was caused by exposure to diesel exhaust, as well as the benzene that he was exposed to while working. Prior to the beginning of trial, BNSF filed a motion for summary judgment based on the idea that plaintiff was aware or could have realized that his cancer was related to his exposure to chemicals as well as environmental dangers while working in the railroad.
Creosote Exposure
A poisonous chemical that is that is used as a wood preservative, creosote has been associated with several cancers, including scrotal and skin cancer. Railroad workers who worked on the maintenance and repair of railway ties are regularly exposed to this substance. Leukemia lawsuit reported that workers who handled creosote had greater risk than the general population of developing lethal forms of cancer.
A recent court case in which a railroad employee filed suit after being diagnosed with multiple myeloma alleges the exposure to diesel exhaust as well as other environmental hazards caused the cancer. The court ruled that the plaintiff was aware of the potential dangers he might suffer because of his job as a railroad worker and could have discovered about his injury through a diligent internet search when the diagnosis came in. The plaintiff did not do so and his claim is now barred.
In a different case, the railroad won its defense verdict in a suit brought in Philadelphia County by an ex-railroad employee. The plaintiff claimed that the cause of his illness was bladder cancer due to the exposure he received to smoke, other chemicals such as diesel exhaust, and creosote.
union pacific railroad lawsuit has also secured defense verdicts in cases involving other types of cancers including lung and prostate cancer, brought by former railroad employees who claimed their cancers were related to years of exposure to toxic chemicals on the job. Parker Waichman is prepared to review your case's facts and discuss your options.
Bladder cancer lawsuit may pose a health risk for railroad employees. Workers are exposed to asbestos while they work on railroad ties, fix or install railway gear or work on railroad tracks. Asbestos exposure could cause mesothelioma, lung cancer, and other diseases.
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. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a daily basis. He inhaled "harmful and toxic fumes, chemicals, and agents including but not limited diesel exhaust, welding fumes and creosote.
We successfully defended our clients during an in-depth jury trial that lasted for two weeks, where it was claimed that repetitive lifting and bending as trackmen caused herniated discs in the lumbar region, causing an injury that caused a 25% disability for the rest of his life which resulted in a loss of wage as well as discomfort and pain. The railroad was found not be negligent and the plaintiff was awarded just a tiny amount.
Environmental Exposure
Railroad workers are exposed to a variety of environmental chemicals. Depending on the type of work done and the type of work, exposure to chemicals can result in a myriad of health issues such as multiple myeloma. If you or a loved one has been diagnosed with multiple myeloma as because of work done on the railroad, you should contact Parker Waichman to discuss your options.
In a recent trial, a railroad employee was awarded $7.5 million by a jury for being diagnosed with acute myeloid leukemia and myelodysplastic Symptom (MDS). He filed a lawsuit against two major railroads, alleging that exposure to asbestos and diesel exhaust caused his health issues.
However, the railroads filed an appeal based on summary judgment, which argued that the plaintiff was aware of fundamental facts and possible reasons for his injury at 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 his illness was due to his railroad work.
At trial the plaintiff offered expert testimony from an industrial hygienist and epidemiologists. The expert witnesses stated that Harris's myeloma is a result of his exposure diesel exhaust. In support of this claim, the expert witness referenced various studies that revealed a correlation between certain types of cancers and diesel exhaust. No reputable scientist, however has ever concluded that diesel exhaust is the reason of multiple myeloma.