Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are able to sue to recover compensation for injuries. However, in order to bring a successful claim, the injured worker must prove that negligence by the railroad was the cause of their injuries.
The evidence presented during the trial included the testimony of toxicologist who utilized different studies and risk factors to prove Harris's myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
The exposure to benzene can be linked to a range 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, the chemical benzene 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 regular routine.
Railroad workers may also be exposed to cleaning products such as Safety-Kleen or CRC. These kinds of cleaning products typically contain a particular type of benzene referred to as the methylbenzene. The methylbenzene is converted to a chemical known as dioxin when it comes in contact with water. Dioxins can cause lung cancer and other serious health problems.
Parker Waichman has represented railroad employees in personal injury lawsuits against their employers, in accordance with the FELA. For instance, a jury awarded a former Chicago and North Western Railroad worker $7.5 million after he was diagnosed of acute myeloidleukemia following years of exposure to solvents and chemicals while working.
Another case involved the plaintiff who was diagnosed with myeloma after working as a railroad signal maintenance engineer for several years. He claimed his condition was a result of exposure to diesel exhaust and benzene that he encountered on the job. Prior to the start of trial, BNSF filed a motion for summary judgment based on the theory that plaintiff knew or should have known that his cancer was caused by his exposure to chemicals as well as environmental dangers while working in the railroad.
Creosote Exposure
A poisonous chemical that is used to preserve wood creosote has been linked to various cancers including scrotal and skin cancer. This substance is often a issue for railroad workers working on the maintenance and repairs of railway ties. The National Toxicology Program reported that workers who handled creosote had an increased risk than the general population of developing fatal forms of cancer.
A recent court case in which a railway worker sued after he was diagnosed with multiple myeloma. The case alleged that his occupational exposures to diesel exhaust as well as other environmental hazards caused the cancer. The court ruled that the plaintiff was aware of the potential damage he could suffer from his work on railroads and might have discovered his injuries through a reasonably thorough internet search at the time he was diagnosed. The plaintiff did not make the effort and the case was deemed to be time-barred.
In a separate case, the railroad won a defense verdict in a case filed in Philadelphia County by a former railroad employee. The plaintiff claimed that he was diagnosed with bladder cancer due to being exposed to smoke, other chemicals like diesel exhaust and creosote.
Parker Waichman has also secured defense verdicts in cases that involve different types of cancers such as prostate and lung cancer, brought by former railroad workers who alleged their cancers were related to years of exposure to toxic chemicals while working. The firm is prepared to review your case's details and present your options.
Asbestos Exposure
Asbestos may pose a health risk for railroad workers. Workers are exposed to asbestos when they work with railroad ties, repair or install railway equipment or work on railroad railway ties. Asbestos exposure could cause mesothelioma, lung cancer, and other diseases.
Ronald K. Harris, the plaintiff in a lawsuit against CSX Transportation claims that he was diagnosed with multiple myeloma as a result of his work with the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a daily basis. As a result, he inhaled "harmful chemicals, toxic fumes, agents, particles, and other substances including but not restricted to diesel exhaust creosote, welding fumes, phenols, carbon monoxide, dioxins and heavy metals."
We successfully represented our clients in the jury trial that lasted two weeks, in which it was alleged that repetitive lifting and bending while working as trackmen led to herniated disks in the lumbar region and an impairment of 25% which resulted in a loss of wage as well as discomfort and pain. The railroad was found not be negligent and the plaintiff received only a modest amount.
Environmental Exposure
Railroad workers are exposed a variety of environmental chemicals. Depending on the type of work that is performed the exposure could result in a myriad of health issues, including multiple myeloma. If you or someone you love has been diagnosed with multiple myeloma as due to work on the railroad, contact Parker Waichman to discuss your options.
In a recent trial, a railroad employee was awarded $7.5 million by a jury for being diagnosed with acute myeloid lymphoma and myelodysplastic Symptom (MDS). Bladder cancer lawsuit sued two major railroads, claiming that exposure to asbestos and diesel exhaust led to his health issues.
However the railroads filed an appeal to a summary judgment, arguing that the plaintiff was aware of the most important facts and potential causes of his injury by the time he was diagnosed. The court agreed and granted the railroads' motion concluding that plaintiff failed to conduct a reasonable inquiry into whether his health condition was related to his work at the railroad.
The plaintiff presented expert testimony at trial from an industrial hygienist as well as epidemiologists. The expert witnesses claimed that Harris's myeloma was the result of his exposure to diesel exhaust. The expert witness cited various studies to prove this. These studies proved that there was a link between diesel exhaust and certain kinds of cancers. There is no credible scientist, however, has ever concluded diesel exhaust to be the cause of multiple myeloma.