Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers can sue to recover compensation for injuries. However, to make a claim that is successful, the injured worker must prove that negligence on the part of railroad workers contributed to their injuries.
The evidence presented at the trial included testimony of toxicologist who relied on different studies and relative risks to demonstrate that Harris’s multiple myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
The exposure to benzene can be linked to a variety of hematopoietic malignancies, including Acute Myeloid Leukemia (AML), Acute Non-Lymphocytic Leukemia (ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer (IARC), the chemical is classified as a Group 1 carcinogen. The chemical is found in diesel exhaust and fumes which many railroad workers are exposed to on a daily regularly.
Additionally, some railroad workers are exposed to benzene through cleaning products like Safety-Kleen as well as CRC. These cleaning agents contain a specific benzene known as methylbenzene. When methylbenzene comes into contact with water, it transforms into a chemical known as dioxin. Dioxins are a group of substances that can lead to many serious health issues, including lung cancer.
Parker Waichman has successfully represented numerous railroad workers in personal injury lawsuits against their employers under FELA. A jury handed down $7.5 million to an ex Chicago and North Western Railroad employee who was diagnosed with acute myeloid cancer after years of exposure.
union pacific railroad lawsuit involved a plaintiff who was diagnosed with myeloma after working as an engineer of railroad signal maintenance for several years. The plaintiff claimed that his condition was the result of exposures to diesel exhaust and benzene that he was exposed to working. Before the beginning of trial, BNSF filed a motion for summary judgment based on the notion that plaintiff knew or should have known his cancer was related to exposure to chemicals and environmental hazards while working for the railroad.
Creosote Exposure
Creosote, a toxic chemical used to preserve wood is linked to several cancers including skin cancer and scrotal cancer. Railroad workers who work on the maintenance and repair of railway ties are frequently exposed to this substance. The National Toxicology Program reported that those who handled creosote were at a higher risk than the general population of developing lethal forms of cancer.
In an upcoming court case, railroad workers sued after being diagnosed with multiple myeloma. He claimed that his occupational exposure to diesel exhaust as well as environmental hazards caused cancer. The court decided that the plaintiff was aware of any potential damage he could sustain because of his job as a railroad worker and could have discovered about his injury by conducting an exhaustive internet search prior to when the diagnosis came in. He failed to undertake the search and his action is now barred.
In a separate case, the railroad won a defense verdict in a lawsuit brought in Philadelphia County by a former railroad worker. The plaintiff claimed that he developed bladder carcinoma as a result the exposure he received to smoke and other chemical substances such as diesel exhaust, and creosote.
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 had been caused by exposure to toxic chemicals at work. The firm is ready to review the facts of your case, and then explain your options.
Asbestos Exposure
Asbestos can be a problem for railroad workers. This is often the case when workers handle railroad ties, or repair or install railway equipment. Asbestos can cause mesothelioma, lung cancer and other cancers.
In a case brought against CSX Transportation, plaintiff Ronald K. Harris claims that he developed multiple myeloma because of his employment with the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a daily basis. cancer lawsuits breathed "harmful and toxic chemical, agents and fumes including but not restricted to diesel exhaust, welding fumes, and creosote.
We successfully represented our clients at an in-depth jury trial that lasted for two weeks, in which it was alleged repetitive bending and lifting while working as trackmen resulted in herniated disks in the lumbar region and a 25% disability permanent which resulted in a loss of wage as well as pain and discomfort. The railroad was not found to be negligent, and the plaintiff was awarded a small award.
Environmental Exposure
Railroad workers are exposed a range of chemicals in the environment. This exposure can lead to numerous health problems including multiple myeloma based on the nature and intensity of the work. Contact Parker Waichman if you or a family member has been diagnosed with myeloma following working on the railroad.
In a recent trial, an employee of a railroad was awarded $7.5 million by a jury for having been diagnosed with acute myeloid lymphoma and myelodysplastic Disorder (MDS). He filed a lawsuit against two major railroads for claiming that exposure to asbestos and diesel exhaust caused his health issues.
union pacific railroad lawsuit filed an appeal for summary judgment in which they claimed that at the time of the plaintiff's diagnosis, the plaintiff was aware of all the circumstances and causes of his injury. The court sided with the railroads and granted their motion, concluding that the plaintiff hadn't conducted a reasonable investigation to determine whether his condition was related to his railroad employment.
The plaintiff gave expert testimony at trial from an industrial hygiene specialist as well as epidemiologists. The expert witnesses claimed that Harris's myeloma was the result of the exposure he received to diesel exhaust. The expert witness referenced a variety of studies to prove this. These studies showed an association between diesel exhaust and certain types of cancers. However, no credible scientist has ever claimed that diesel exhaust is a cause of multiple myeloma.