Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are able to sue to recover compensation for their injuries. To be successful, the injured party must prove the railroad was negligent in causing injury.
The evidence presented at the trial included the testimony of toxicologist who relied on different studies and relative risks to establish that Harris's multi myeloma had been caused by his exposure to diesel exhaust.
Benzene Exposure
Benzene is linked to many hematopoietic tumours which include Acute Myeloid Leukemia(AML), Acute Non-Lymphocytic Leukemia(ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer (IARC), it is classified as a Group 1 carcinogen. This chemical can be found in diesel fumes, and railroad workers are exposed to it.
Some railroad workers are exposed to cleaning products like CRC or Safety-Kleen. These kinds of cleaning agents typically contain a type of benzene known as methylbenzene. The methylbenzene transforms into a chemical known as dioxin when it comes in contact with water. Dioxins can cause lung cancer and other serious health issues.
Parker Waichman has successfully represented numerous railroad workers in personal injury cases against their employers under 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 solvents and chemicals on the job.
In another instance the plaintiff was diagnosed with multiple lymphoma after several years of working as a railroad signal maintenance technician. He claimed his condition was the result of exposures to diesel exhaust and benzene that he experienced while working. Before the beginning of trial, BNSF filed a motion for summary judgment based on the theory that plaintiff was aware or should have known his cancer was a result of exposure to chemicals and environmental dangers during his employment at the railroad.
Creosote Exposure
A toxic chemical used to preserve wood creosote is associated with several cancers, including skin and scrotal cancer. lung cancer lawsuit working on the maintenance and repair of railway ties can be exposed to this chemical. The National Toxicology Program reported that workers who handled creosote had more risk than general population of developing lethal forms of cancer.
A recent court case in which a railroad worker filed suit after being diagnosed with multiple myeloma claims 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 harm he could suffer from his railroad job and could have discovered about his injury through an exhaustive internet search prior to when the diagnosis came in. He failed to undertake the search and the case is now barred.
In cancer lawsuits , the railroad won its defense decision in a case filed in Philadelphia County by an ex-railroad employee. The plaintiff claimed he was diagnosed with bladder cancer due to his occupational exposure to secondhand smoke and other chemicals, like creosote and diesel exhaust.
Parker Waichman has also obtained defense verdicts for cases involving other types of cancers including prostate and lung cancer. These cases were brought by former railroad employees who claimed that their cancers were resulted from a lifetime exposure to toxic chemicals at work. The firm is prepared to analyze the facts of your case and discuss your options.
union pacific railroad lawsuit can be a problem for railroad employees. Workers are exposed to asbestos when they work with railroad ties, fix or install railway equipment or work on railroad ties. Asbestos exposure could cause mesothelioma, lung cancer, as well as other ailments.
In a case brought against CSX Transportation, plaintiff Ronald K. Harris alleges that he was diagnosed with multiple myeloma because of his work with the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a regular basis. In the process the worker breathed "harmful chemical substances, toxic chemicals, fumes, substances, particles, and other substances which include but not only diesel exhaust creosote, welding fumes, carbon monoxide, phenols dioxins, and heavy metals."
We successfully represented our clients at the trial of a jury that lasted two weeks, in which it was claimed that the repetitive lifting and bending while working as trackmen resulted in herniated disks in the lumbar area and a 25% disability permanent resulting in lost wage and discomfort and pain. The railroad was found not to be negligent, and the plaintiff received a modest award.
Environmental Exposure
Railroad workers are exposed to a variety of environmental chemicals. This exposure can lead to a variety of health problems including multiple myeloma based on the type and extent of the work. Contact Parker Waichman if you or someone in your family has been diagnosed with myeloma as a result of working on the railroad.
In a recent case, a railroad employee was awarded $7.5 million by a juror for being diagnosed with acute myeloid leukemia and myelodysplastic Symptom (MDS). He sued two major railways in the claim that their exposure to asbestos and diesel exhaust caused health issues.
cancer lawsuits filed a motion for summary judgment asserting that at the time of the plaintiff's diagnosis the plaintiff was aware of all the circumstances and causes of his injury. 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 related to his railroad work.
The plaintiff gave evidence from an industrial hygienist, as well as epidemiologists. The expert witnesses claimed that Harris's myeloma was a result of his exposure to diesel exhaust. The expert witness cited numerous studies to support this claim. These studies revealed that there was a link between diesel exhaust and certain kinds of cancer. But, no reputable scientist has ever claimed that diesel exhaust is the cause of multiple myeloma.