Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers can sue to recover compensation for injuries. To be successful, the injured party will need to prove that the railroad was negligent in causing injury.
The evidence presented in the trial included testimony from toxicologist who conducted different studies and risk factors to prove Harris's myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
There is a link between benzene and 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, it is a Group 1 Carcinogen. The chemical is found in diesel fumes and exhaust, which many railroad workers are exposed to on a daily routine.
Some railroad workers are exposed by cleaning products like Safety-Kleen or CRC. These cleaning products contain a benzene type known as methylbenzene. The methylbenzene transforms into dioxin, a chemical when it comes into contact with water. Dioxins can cause lung cancer as well as other serious health problems.
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 after he was diagnosed of acute myeloid leukemia after years of exposure to solvents and chemicals while working.
Another case involved the plaintiff who was diagnosed with multiple myeloma after working as an engineer in the maintenance of railroad signals for a period of time. The plaintiff claimed that his condition was caused by exposures to benzene and diesel exhaust that he encountered on the job. BNSF filed an motion for summary judgment prior to the trial began, based on the claim that plaintiff knew or should have knew that his cancer was caused by exposure to environmental hazards and chemicals while working for the railroad.
Creosote Exposure
A poisonous chemical that is that is used as a wood preserver creosote has been linked to various cancers including skin and scrotal cancer. This chemical is often a problem for railroad workers working on the maintenance and repair of railway ties. The National Toxicology Program reported that those who handled creosote were at greater risk than the general population of developing fatal forms of cancer.
A recent court case in which a railway worker filed suit after being diagnosed with multiple myeloma alleges the exposure to diesel exhaust and other environmental toxins caused the cancer. The court determined that the plaintiff was aware of the possibility of dangers posed by his work in the railroad and could have discovered the injury by conducting a fairly thorough internet search at the time that he was diagnosed. Since he did not make this effort, his action is time-barred.
In a different instance, the railroad won a defense verdict in a lawsuit filed in Philadelphia County by a former railroad worker. The plaintiff claimed that he had developed bladder cancer as a result of the exposure he had to secondhand smoke and other chemical substances, like creosote and diesel exhaust.
Parker Waichman has also obtained defense verdicts for cases involving different types of cancers, such as lung and prostate cancer. These cases were filed by former railroad workers, who claimed their cancers had been caused by exposure to toxic chemicals at work. The firm is prepared to examine the facts of your case and discuss your options.
cancer lawsuits may be exposed to asbestos during their employment. This exposure often occurs when workers handle railroad ties or repair or install railway equipment. Leukemia lawsuit can cause mesothelioma, lung cancer, and other diseases.
Ronald K. Harris, the plaintiff in a lawsuit brought against CSX Transportation claims that he contracted multiple myeloma because of his job at the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a regular basis. In the process Harris breathed in "harmful chemicals, toxic fumes, substances, particles, and substances that include but are not restricted to diesel exhaust, welding fumes, creosote, phenols, carbon monoxide, dioxins, and heavy metals."
We successfully defended our client at a two-week jury trial in which it was alleged that repetitive bending, lifting, and twisting during the course of work resulted in herniated lumbar disks, and a 25% permanent disability that caused loss of earnings and suffering and pain. The railroad was found not to be negligent and the plaintiff was awarded just a tiny amount.
Environmental Exposure
Railroad workers are exposed a variety of environmental chemicals. The exposure can result in a variety of health problems such as multiple myeloma. This is based on the type and extent of the work. Contact Parker Waichman if you or someone in your family has been diagnosed with myeloma due to working on railroads.
In a case that was recently heard, a railroad worker received $7.5 million from an appeals court after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He filed a lawsuit against two major railroads and claimed that their exposure to asbestos and diesel exhaust caused health issues.
The railroads filed a motion for summary judgement in which they claimed that at the time of the plaintiff's diagnosis, the plaintiff was aware of the circumstances and causes of his injury. The court sided with the railroads and granted their motion, concluding that the plaintiff had not made a reasonable inquiry to determine if his condition was due to his railroad employment.
The plaintiff presented evidence from an industrial hygiene specialist as well as epidemiologists. union pacific railroad lawsuit claimed that Harris's myeloma resulted of the exposure he received to diesel exhaust. To support this claim, the expert witness referenced various studies that revealed the connection between certain types of cancers and diesel exhaust. However, no reputable scientist has ever concluded that diesel exhaust is the main cause of multiple myeloma.