Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers may sue to obtain compensation for injuries. To be successful, the injured party will need to prove that the railroad was negligent in causing the injury.
railroad class action lawsuit presented during the trial included the testimony of an toxicologist, who relied on various studies and risk factors to prove that Harris's multiple myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
Benzene is linked to several hematopoietic tumors which include Acute Myeloid Leukemia(AML), Acute Non-Lymphocytic Leukemia(ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer, the chemical benzene is classified as a Group 1 Carcinogen. This chemical is found in diesel fumes and many railroad workers are frequently exposed to it.
Moreover, some railroad workers are also exposed to benzene via cleaning products such as Safety-Kleen or CRC. These types of cleaning agents typically contain a kind of benzene referred to as the methylbenzene. When methylbenzene comes in contact with the water, it's converted into a chemical called dioxin. Dioxins can cause lung cancer and other serious health issues.
Parker Waichman has represented railroad employees in personal injury lawsuits against their employers, under the FELA. For example the jury awarded an ex- Chicago and North Western Railroad worker $7.5 million for the diagnosis of acute myeloidleukemia following years of exposure to chemicals and solvents on the job.
Another case involved a plaintiff diagnosed with myeloma after working as a railroad signal maintenance engineer for a number of years. He claimed his condition was caused from exposure to diesel exhaust and benzene exposure he experienced on the job. BNSF filed an appeal to dismiss the summary judgment before the trial started on the claim that plaintiff knew or should've had the knowledge that his cancer was caused by his exposure to environmental hazards and chemicals when working for the railroad.
Creosote Exposure
A toxic chemical that is used as a wood preservative, creosote has been linked to various cancers including skin and scrotal cancer. Railroad workers who were involved in the maintenance and repair of railway ties are regularly exposed to this substance. The National Toxicology Program has reported that those who handle creosote have a higher risk of developing cancer that is fatal than the general population.
A recent court case in which a railroad employee sued after he was diagnosed with multiple myeloma. The case alleged that his exposure to diesel exhaust as well as other environmental hazards caused the cancer. The court ruled that the plaintiff was aware of the potential harm from his railroad work and could have found out about his injury via a reasonable internet search at the time he was diagnosed. The plaintiff did not do so and the case is now barred.
In a different instance, the railroad won a defense decision in a suit filed in Philadelphia County by a former railroad worker. The plaintiff claimed that he had developed bladder carcinoma as a result being exposed to smoke and other chemicals such as diesel exhaust, and creosote.
Parker Waichman has also obtained defense verdicts for cases involving other types cancers, like prostate and lung cancer. These cases were brought by former railroad workers, who claimed their cancers were caused by a lifetime exposure to toxic chemicals at work. The firm is prepared to review the details of your case, and then explain your options.
Asbestos Exposure
Asbestos can pose a risk for railroad workers. The exposure is most often experienced when railroad workers work with railroad ties, or repair or install railway equipment. Asbestos exposure can cause mesothelioma or lung cancer as well as other ailments.
In a case filed against CSX Transportation, plaintiff Ronald K. Harris alleges that he was diagnosed with multiple myeloma due to the effects of his work for the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a daily basis. He breathed "harmful and toxic substances, fumes and chemicals including but not restricted to diesel exhaust, welding fumes and creosote.
We successfully represented our client in the course of a two-week jury trial which it was alleged that repetitive bending, lifting and twisting while working as a trackman resulted in herniated lumbar disks, and an indefinite disability of 25% which resulted in loss of wages and suffering and pain. The railroad was not found to be negligent, and the plaintiff received a modest award.
Environmental Exposure
Railroad workers are exposed to a range of chemicals in the environment. Based on the kind of work they do the exposure could cause health issues of a variety which include multiple myeloma. If you or someone you love has been diagnosed with multiple myeloma because of work done on the railroad, you should contact Parker Waichman to discuss your options.
In a recent court case, a railroad employee was awarded $7.5 million by a jury for having been diagnosed with acute myeloid lymphoma and myelodysplastic Symptom (MDS). He sued two major railroads, claiming that exposure to asbestos and diesel exhaust caused health issues for him.
The railroads filed an appeal for summary judgment asserting that at the time of the plaintiff's diagnosis, the plaintiff 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 hadn't conducted a reasonable investigation to determine if his illness was related to his work at the railroad.
At trial the plaintiff presented expert evidence from an industrial hygienist and epidemiologists. The expert witnesses stated that Harris's myeloma is the result of his exposure to diesel exhaust. To support this assertion the expert witness cited various studies that revealed that there was a link between certain kinds of cancers and diesel exhaust. A reputable scientist, however has ever claimed that diesel exhaust to be the cause of multiple myeloma.