Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are entitled to sue to recover compensation for their injuries. To be successful, the person who was injured must prove that the railroad was negligent in causing the injury.
The evidence presented in the trial included testimony from toxicologist who conducted various studies and risk factors to establish that Harris's multiple myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
It is 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. The chemical is present in diesel fumes, and railway workers are regularly exposed to it.
Railroad workers can also be exposed by cleaning products such as Safety-Kleen or CRC. These cleaning products contain a specific benzene known as methylbenzene. The methylbenzene can be converted into dioxin, a chemical when it comes into contact with water. Dioxins can cause lung cancer and other serious health issues.
Parker Waichman has represented railroad workers in personal injury cases against their employers, as part of the FELA. For example the jury awarded a former Chicago and North Western Railroad worker $7.5 million for his diagnosis of acute myeloid leukemia following years of exposure to solvents and chemicals while working.
Another case involved one plaintiff who was diagnosed with multiple myeloma after working as an engineer of railroad signal maintenance for several years. The plaintiff claimed that his illness was caused by exposure to diesel exhaust and benzene that he was exposed to working. BNSF filed a summary judgment motion before the trial began based on the claim that plaintiff knew or should have had the knowledge that his cancer was caused by his exposure to environmental hazards and chemicals while working for the railroad.
Creosote Exposure
A toxic chemical that is used as a wood preservative creosote is linked to several cancers, including skin and scrotal cancer. This chemical is often a issue for railroad workers working on the maintenance and repairs of railway ties. The National Toxicology Program has reported that workers who work with creosote face a higher risk of developing cancer that is fatal than the general population.
A recent court case in which a railway worker sued after he was diagnosed with multiple myeloma alleges his occupational exposures to diesel exhaust and other environmental dangers caused the cancer. The court found that the plaintiff knew of the potential dangers he might suffer from his railroad job and could have found out about his condition by conducting an exhaustive internet search prior to when the diagnosis came in. Since he was not able to do this, his action is time-barred.
In a different case, the railroad won its defense verdict in a lawsuit 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 chemicals like creosote and diesel exhaust.
Parker Waichman has also obtained defense verdicts in cases involving other types cancers, including prostate and lung cancer. These cases were brought by former railroad employees who claimed that their cancers were caused by a lifetime exposure to toxic chemicals at work. The firm is ready to review your case facts and explain your options.
Asbestos Exposure
Asbestos can be a problem for railroad employees. This is often the case when workers manage railroad ties, or repair or install railway equipment. Asbestos can cause mesothelioma, lung cancer and other maladies.
In csx railroad lawsuit filed against CSX Transportation, plaintiff Ronald K. Harris claims that he contracted multiple myeloma as a consequence of his work with the railroad. Harris according to the lawsuit, worked on a daily basis for CSX Transportation in its Laredo railroad yard. He breathed "harmful and toxic substances, fumes and chemicals including but not limited to diesel exhaust, welding fumes and creosote.
We successfully defended our client in a two-week jury trial in which it was alleged that the repetitive bent, lifting and twisting while working as a trackman caused herniated lumbar disks and an indefinite disability of 25% that resulted in a loss of wages as well as pain and suffering. The railroad was not found to be negligent, and the plaintiff was awarded a small award.
Environmental Exposure
Railroad workers are exposed to a range of chemicals in the environment. This exposure can lead to many health issues such as multiple myeloma. This is based on the nature and severity of the work. Contact Parker Waichman if you or someone in your family has been diagnosed with myeloma after working on railroads.
In a recent case, an employee of a railroad was awarded $7.5 million by a juror for being diagnosed with acute myeloid lymphoma and myelodysplastic syndrome (MDS). He filed a lawsuit against two major railroads, claiming that exposure to diesel exhaust and asbestos caused his health problems.
The railroads filed a motion for summary judgment arguing that at the time of the plaintiff's diagnosis he was aware of all the details and causes of the injury. The court ruled in favor of the railroads' motion, concluding that plaintiff failed to conduct a reasonable investigation into whether his illness was due to his railroad employment.
In the courtroom the plaintiff presented expert evidence from an industrial hygienist and epidemiologists. The expert witnesses claimed Harris's myeloma was the result of his exposure to diesel exhaust. In support of this claim the expert witness cited various studies that showed that there was a link between certain kinds of cancers and diesel exhaust. However, no reputable scientist has ever concluded that diesel exhaust is the reason of multiple myeloma.