Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers can sue to recover compensation for injuries. To be successful, the injured worker will have to prove the railroad was negligent in causing injury.
The evidence presented during the trial included testimony from a toxicologist, who used different studies and risk factors to show that Harris's multiple myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
There is a link between benzene and many hematopoietic tumours, including Acute Myeloid Leukemia(AML), Acute Non-Lymphocytic Leukemia(ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer, the chemical benzene belongs to the Group 1 Carcinogen. This chemical is found in diesel fumes and railway workers are regularly exposed to it.
Some railroad workers are exposed by cleaning products such as CRC or Safety-Kleen. These kinds of cleaning products typically contain a kind of benzene known as the methylbenzene. The methylbenzene transforms into a chemical known as dioxin when it comes into contact with water. Dioxins can cause lung cancer as well as other serious health issues.
Parker Waichman has represented railroad employees in personal injury lawsuits against their employers, as part of the FELA. A jury handed down $7.5 million to an ex Chicago and North Western Railroad employee diagnosed with acute myeloid cancer following years of exposure.
In another case the plaintiff was diagnosed with multiple lymphoma resulting from several years of employment as a railroad maintenance technician for signals. The plaintiff claimed that his condition was caused from exposure to diesel exhaust and the benzene he encountered during his job. BNSF filed a summary judgement motion prior to the trial began on the theory plaintiff knew or should've known that his cancer was the result of his exposure to chemicals and environmental hazards while working for the railroad.
Creosote Exposure
Creosote is a toxic chemical used to preserve wood, has been linked with various cancers, including skin cancer and scrotal carcinoma. Railroad workers who worked on the maintenance and repair of railway ties are often exposed to this substance. The National Toxicology Program has reported that workers who handle creosote have a higher risk of developing cancer that is fatal than the general population.
In a recent court case a railroad worker sued after being diagnosed with multiple myeloma. He claimed that occupational exposure to diesel exhaust and environmental hazards caused cancer. The court ruled that the plaintiff was aware of the possibility of harm from his railroad work and might have discovered his injuries through a reasonably diligent internet search at the time that he was diagnosed. The plaintiff did not take the necessary steps and his case has been deemed time-barred.
In a separate instance, the railroad won its defense verdict in a suit brought in Philadelphia County by an ex-railroad employee. The plaintiff claimed that he had developed bladder cancer as a result of the exposure he had to secondhand smoke and other chemicals like creosote, diesel exhaust.
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 workers, who claimed their cancers were resulted from a lifetime exposure to toxic chemicals at work. The firm is ready to examine the facts of your case, and then explain your options.
Asbestos Exposure
Asbestos may pose a health risk for railroad employees. This is often the case when workers manage railroad ties, or repair or install railway equipment. Asbestos is known to cause mesothelioma, lung cancer and other maladies.
Ronald K. Harris, the plaintiff in a lawsuit filed against CSX Transportation claims that he contracted multiple myeloma through his work at 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 substances, fumes and chemicals including but not limited diesel exhaust, welding fumes, and creosote.
We successfully defended our client at the course of a two-week jury trial which it was claimed that the repetitive bending, lifting, and twisting when working as a trackman caused herniated lumbar disks and a 25% permanent disability which resulted in loss of wages and pain and suffering. The railroad was found not to be negligent and the plaintiff was awarded a modest award.
Environmental Exposure
Railroad workers are exposed a range of chemicals in the environment. Based on the kind of work they do this exposure can lead to numerous health problems which include multiple myeloma. If you or someone you love has been diagnosed with multiple myeloma a result of work on the railroad, you should contact Parker Waichman to discuss your options.
In a recent instance, railroad workers received $7.5 million from the jury after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railways in the claim that their exposure to diesel exhaust and asbestos caused his health issues.
The railroads filed a motion for summary judgement arguing that at the time of the plaintiff's diagnosis the plaintiff was aware of all the details and causes of the injury. The court sided with the railroads and granted their motion, concluding that the plaintiff had not conducted a reasonable investigation to determine whether his condition was connected to his employment at a railroad.
csx railroad lawsuit presented expert testimony at trial from an industrial hygiene specialist as well as epidemiologists. The expert witnesses said that Harris's myeloma is the result of his exposure diesel exhaust. The expert witness cited numerous studies to back this claim. These studies proved the connection between diesel exhaust and certain types of cancer. However, no credible scientist has ever concluded that diesel exhaust is the main cause of multiple myeloma.