Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are able to claim compensation for injuries. However, to make a claim that is successful, the injured person must prove that negligence on the part of railroad workers played a role in causing their injuries.
The evidence presented at the trial included the testimony of a toxicologist, who used various studies and relative risk factors to establish that Harris's myeloma had been caused by his exposure to diesel exhaust.
Benzene Exposure
The exposure to benzene can be linked to various hematopoietic cancers that include Acute Myeloid Leukemia (AML), Acute Non-Lymphocytic Leukemia (ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer (IARC), the classification of benzene is Group 1 carcinogen. This chemical can be found in diesel fumes and many railroad workers are exposed to it.
Additionally, Stomach cancer lawsuit are also exposed to benzene by using cleaning products such as Safety-Kleen or CRC. These cleaning products typically contain a type of benzene called methylbenzene. When methylbenzene is in contact with water, it's transformed into a chemical known as dioxin. Dioxins are a group of substances that can cause a variety of serious health problems, including lung cancer.
Parker Waichman has successfully represented numerous railroad employees in personal injury lawsuits against their employers under FELA. A jury awarded $7.5 million to a former Chicago and North Western Railroad employee who was diagnosed with acute myeloid cancer following years of exposure.
Another instance involved a plaintiff who was diagnosed with multiple myeloma while 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 was exposed to working. BNSF filed an motion for summary judgment prior to the trial started on the premise that plaintiff knew or should've known that his cancer was caused by exposure to environmental hazards and chemicals while working for the railroad.
Creosote Exposure
Creosote, a poisonous chemical used to preserve wood has been linked to various cancers, including skin cancer and scrotal carcinoma. Railroad workers who were involved in the maintenance and repair of railway ties are frequently exposed to this chemical. The National Toxicology Program reported that those who handled creosote were at a higher risk than the general public of developing lethal forms of cancer.
In an upcoming court case, a railroad worker sued after being diagnosed with multiple myeloma. He claimed that occupational exposure to diesel exhaust and environmental hazards led to the development of cancer. The court determined that the plaintiff was aware of the potential negative effects of his work at the railroad and could have discovered his injury via a reasonable internet search prior to the time he was diagnosed. The plaintiff did not take the necessary steps and the case is now time-barred.
In a separate instance, the railroad was successful in defending its verdict in a suit filed in Philadelphia County by an ex-railroad employee. The plaintiff claimed he was diagnosed with bladder cancer as a result of his exposure to secondhand smoke and other toxic chemicals, like 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 employees who claimed that their cancers stemmed from a lifetime of exposure to toxic chemicals on the job. The firm is prepared to review the facts of your case and provide your options.
Asbestos Exposure
Railroad workers may be exposed to asbestos during their employment. This is often the case when workers are handling railroad ties, or repair or install railway equipment. Asbestos can cause mesothelioma, lung cancer and other maladies.
In a lawsuit filed against CSX Transportation, plaintiff Ronald K. Harris alleges that he contracted multiple myeloma as a consequence from his work for the railroad. Harris, according to the lawsuit worked daily for CSX Transportation in its Laredo railroad yard. He inhaled "harmful and toxic substances, fumes and chemicals including but not restricted to diesel exhaust, welding fumes and creosote.
We successfully represented our clients in a jury trial lasting two weeks, where it was claimed that the repetitive lifting and bending while working as trackmen resulted in herniated disks in the lumbar region and permanent disability of 25% that resulted in loss of wages and pain and discomfort. The railroad was found not to be negligent, and the plaintiff received a modest award.
Environmental Exposure
Railroad workers are exposed a variety of environmental chemicals. Depending on the type of work performed the exposure could cause health issues of a variety, including multiple myeloma. Contact Parker Waichman if you or someone in your family has been diagnosed with myeloma due to working on the railroad.
In a case that was recently heard, a railroad worker was awarded $7.5 million from a jury following his diagnosis with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railways for claiming that exposure to asbestos and diesel exhaust caused his health issues.
However, the railroads filed an appeal to a summary judgment, arguing that the plaintiff was aware of the crucial facts and the possible causes of his injury by the time he was diagnosed. The court agreed with the railroads and granted their motion concluding the plaintiff had not made a reasonable inquiry to determine whether his condition was due to his employment at a railroad.
The plaintiff presented evidence from an industrial hygienist as well as epidemiologists. Expert witnesses claimed that Harris's myeloma arose as a result of the exposure he received to diesel exhaust. To prove this assertion, the expert witness referenced various studies that showed that there was a link between certain kinds of cancer and diesel exhaust. No reputable scientist, however, has ever concluded diesel exhaust is the reason of multiple myeloma.