Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers can sue to obtain compensation for injuries. To be successful, the injured party must prove the railroad was negligent in causing the accident.
The evidence presented during the trial included testimony from a toxicologist who used different studies and risk ratios to prove that Harris's multiple myeloma was triggered by his exposure to diesel exhaust.
Benzene Exposure
Benzene is linked to several hematopoietic tumors which include Acute Myeloid Leukemia(AML), Acute Non-Lymphocytic Leukemia(ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer, the chemical benzene belongs to the Group 1 Carcinogen. The chemical is found in diesel exhaust and fumes which many railroad workers are exposed to on a regular regularly.
Railroad workers may also be exposed to cleaning products such as Safety-Kleen or CRC. These cleaning agents contain a benzene type known as methylbenzene. railroad lawsuits is converted to a chemical known as dioxin when it comes into contact with water. Dioxins can cause lung cancer as well as other serious health problems.
Parker Waichman has represented railroad workers in personal injury cases against their employers, as part of the FELA. For example, a jury awarded a former Chicago and North Western Railroad worker $7.5 million after he was diagnosed of acute myeloid leukemia following years of exposure to chemicals and solvents while working.
In another case the plaintiff was diagnosed with multiple lymphoma resulting from many years of work as a railroad maintenance technician for signals. He claimed his condition was caused by exposure to diesel exhaust, as well as benzene he had experienced during his job. Before the beginning of trial, BNSF filed a motion for summary judgment based on the idea that plaintiff knew or should have known that his cancer was due to his exposure to chemicals as well as environmental hazards during his railroad employment.
Creosote Exposure
Creosote, a poisonous chemical used to preserve wood is linked to several cancers including skin cancer and scrotal cancer. Railroad workers who were involved in the maintenance and repair of railway ties can be exposed to this chemical. The National Toxicology Program reported that workers who handled creosote had more risk than general public of developing lethal forms of cancer.
A recent court case in which a railroad worker sought justice after being diagnosed with multiple myeloma alleges his occupational exposures to diesel exhaust and other environmental toxins caused the cancer. The judge found that the plaintiff was aware of the possibility of harm from his railroad work and could have discovered his injury through a reasonably diligent internet search at the time that he was diagnosed. Because he failed to do this, his action is time-barred.
In a different case the railroad won a defense verdict in a case filed in Philadelphia County by a former railroad employee. The plaintiff claimed that he had developed bladder cancer as a result of the exposure he received from secondhand smoke and other chemical substances, like creosote and diesel exhaust.
Parker Waichman has also secured defense verdicts in the cases involving different types of cancers including lung and prostate cancer, which was brought by former railroad employees who claimed their cancers were related to years of exposure to harmful chemicals on the job. The firm is prepared to analyze the facts of your case and explain your options.
Asbestos Exposure
Asbestos can be a problem for railroad workers. Workers are exposed to asbestos when they operate railroad ties, repair or install railway gear or work on railroad railway ties. Asbestos exposure could cause mesothelioma and lung cancer as well as other ailments.
Ronald K. Harris, the plaintiff in a lawsuit brought against CSX Transportation claims that he contracted multiple myeloma through his job at the railroad. Harris, according to the suit, worked every day for CSX Transportation in its Laredo railroad yard. He inhaled "harmful and toxic chemicals, agents and fumes including, but not limited to diesel exhaust, welding fumes and creosote.
We successfully represented our clients at the jury trial that lasted two weeks. It was alleged repetitive lifting and bending during work as trackmen caused herniated disks in the lumbar region. This resulted in permanent disability of 25% which resulted in a loss of wage and discomfort and pain. The railroad was not found to be negligent and the plaintiff received a minimal award.
Environmental Exposure
Railroad workers are exposed a variety of environmental chemicals. Depending on the type of work done and the type of work, exposure to chemicals can cause a variety of health issues such as multiple myeloma. Contact Parker Waichman if you or a family member has been diagnosed with myeloma due to working on railways.
In a recent trial, an employee of a railroad was awarded $7.5 million by a juror for being diagnosed with acute myeloid leukemia and myelodysplastic Disorder (MDS). He sued two major railways in the claim that their exposure to asbestos and diesel exhaust caused health issues.
The railroads filed a motion for summary judgement asserting that at the time of the plaintiff's diagnosis, the plaintiff was aware of the factors and causes of his injury. The court agreed with the railroads and granted their motion concluding that the plaintiff had not conducted a reasonable investigation to determine if his illness was connected to his railroad employment.
The plaintiff offered expert testimony during the trial of an industrial hygiene specialist as well as epidemiologists. The expert witnesses claimed Harris's myeloma was the result of the exposure he received to diesel exhaust. To prove this assertion, the expert witness referenced various studies that showed an association between certain types of cancers and diesel exhaust. However, no reputable scientist, has ever concluded diesel exhaust to be the cause of multiple myeloma.