Multiple Myeloma Caused by Railroad Work
Under FELA, railroad workers can make lawsuits to claim compensation for their injuries. To be successful, the injured worker must prove the railroad was negligent in causing the accident.
The evidence presented at the trial included testimony from a toxicologist, who used different studies and risk factors to demonstrate Harris's myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
There is a link between benzene and a number of hematopoietic tumors, including 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 present in diesel fumes, and many railway workers are regularly exposed to it.
Additionally, some railroad workers are also exposed to benzene from cleaning products such as Safety-Kleen or CRC. These kinds of cleaning agents typically contain a particular type of benzene referred to as the methylbenzene. The methylbenzene can be converted into dioxin, a chemical when it comes in contact with water. Dioxins are substances that can cause many serious health issues which include lung cancer.
Parker Waichman has represented railroad workers in personal injury cases against their employers under the FELA. For instance an award was made by a jury to a former Chicago and North Western Railroad worker $7.5 million after he was diagnosed of acute myeloidleukemia after years of exposure to solvents and chemicals while working.
Another instance involved one plaintiff who was diagnosed with multiple myeloma following working as a railroad signal maintenance engineer for a number of years. He claimed that his condition was caused from exposure to diesel exhaust, as well as the benzene he encountered on the job. Prior to the beginning of trial, BNSF filed a motion for summary judgment based on the notion that plaintiff was aware or should have known his cancer was caused by his exposure to chemicals as well as environmental dangers while working in 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 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 a higher risk than the general population of developing lethal forms of cancer.
In a recent court case a railroad worker sued after being diagnosed with multiple myeloma. He claimed that his work-related exposure to diesel exhaust and other environmental hazards caused cancer. The court ruled the plaintiff was aware of the dangers he might suffer due to his job at the railroad and could have found out about his condition by conducting an extensive internet search before he was diagnosed. Since he did not take this step, his action is time-barred.
In a separate case, the railroad was able to win a defense verdict in a case filed in Philadelphia County by a former railroad employee. The plaintiff claimed that he developed bladder cancer as a result of the exposure he had to secondhand smoke and other chemicals such as creosote and diesel exhaust.
Parker Waichman has also secured defense verdicts in cases that involve different types of cancers including prostate and lung cancers, which were brought by former railroad workers who alleged that their cancers stemmed from a lifetime of exposure to toxic chemicals at work. The firm is prepared to analyze the facts of your case, and then explain your options.
Asbestos Exposure
Asbestos may pose a health risk for railroad workers. Workers are exposed to asbestos while they work on railroad ties, fix or install railway equipment or work on railroad ties. Asbestos is known to cause mesothelioma, lung cancer and other diseases.
In a suit filed against CSX Transportation, plaintiff Ronald K. Harris claims that he was diagnosed with multiple myeloma as a consequence of his work for the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a regular basis. As a result Harris inhaled "harmful, toxic chemicals, agents, fumes, particles, and other substances that include but are not limited to diesel exhaust, welding fumes, creosote, carbon monoxide, phenols, dioxins, and heavy metals."
We successfully defended our clients in an in-depth jury trial that lasted for two weeks, in which it was claimed that the repetitive lifting and bending during work as trackmen caused herniated discs in the lumbar region. This resulted in a 25% disability permanent leading to loss of earnings and discomfort and pain. The railroad was found not be negligent and the plaintiff received just a tiny amount.
Environmental Exposure
Railroad workers are exposed a number of different environmental chemicals. cancer lawsuits can trigger many health issues including multiple myeloma, depending on the nature and intensity of the work. If cancer lawsuits or a loved one has been diagnosed with multiple myeloma a result of work on the railroad, call Parker Waichman to discuss your options.
In a recent trial a railroad employee was awarded $7.5 million by a juror for being diagnosed with acute myeloid leukemia and myelodysplastic Syndrome (MDS). He filed a lawsuit against two major railroads, claiming their exposure to asbestos and diesel exhaust caused health issues.
The railroads filed an appeal for summary judgment 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 agreed with the railroads and granted their motion concluding that the plaintiff hadn't conducted a reasonable investigation to determine if the condition was connected to his railroad employment.
At trial the plaintiff presented expert testimony from an industrial hygiene specialist and epidemiologists. The experts claimed that Harris's myeloma arose as a result of his exposure to diesel exhaust. Leukemia lawsuit cited numerous studies to prove this. These studies demonstrated the connection between diesel exhaust and certain kinds of cancers. A reputable scientist, however has ever claimed that diesel exhaust is the cause of multiple myeloma.