Multiple Myeloma Caused by Railroad Work
Under FELA, railroad workers can make lawsuits to claim compensation for their injuries. In order to make a claim that is successful, the injured worker must show that negligence by the railroad contributed to their injuries.
railroad lawsuit presented during the trial included testimony from toxicologist who relied on different studies and risk ratios to establish that Harris's multi myeloma had been caused by his exposure to diesel exhaust.
Benzene Exposure
Exposure to benzene is 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, benzene is a Group 1 Carcinogen. The chemical is found in diesel exhaust and fumes, which many railroad workers are exposed to on a daily on a regular.
Railroad workers can also be exposed to cleaning products such as CRC or Safety-Kleen. These cleaning products contain a particular type of benzene referred to as methylbenzene. The methylbenzene 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 issues.
railroad lawsuit has represented railroad workers in personal injury cases against their employers, as part of the FELA. A jury handed down $7.5 million to an ex- Chicago and North Western Railroad employee who was diagnosed with acute myeloid tumors after years of exposure.
Another instance involved the plaintiff who was diagnosed with multiple myeloma after working as an engineer in the maintenance of railroad signals for several years. He claimed his condition was caused by exposures to benzene and diesel exhaust that he was exposed to working. BNSF filed an appeal to dismiss the summary judgment before the trial began on the idea that plaintiff knew or should have been aware that his cancer was the result of his exposure to chemicals and environmental hazards 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 cancer. Creosote is a common issue for railroad workers working in the repair and maintenance of railway ties. The National Toxicology Program has reported that workers who work with creosote have a greater chance of developing cancer that is fatal than the general population.
A recent court case where a railroad worker sued after he was diagnosed with multiple myeloma alleges the exposure to diesel exhaust and other environmental toxins caused the cancer. The court decided that the plaintiff was aware of the potential harm from his railroad work and could have found out about his injury via a reasonable internet search prior to the time he was diagnosed. He failed to make the effort and his case is now time-barred.
In a different case, the railroad was able to win a defense verdict in a lawsuit brought in Philadelphia County by a former railroad employee. The plaintiff claimed that he developed bladder carcinoma as a result being exposed to smoke, as well as other chemicals such as diesel exhaust, and creosote.
Parker Waichman has also secured defense verdicts in the cases involving different types of cancers such as prostate and lung cancer, brought by former railroad employees who claimed their cancers were related to an exposure to harmful chemicals on the job. The firm is ready to examine the facts of your case, and then explain your options.
Asbestos Exposure
Railroad employees could be exposed to asbestos during their job. Workers are exposed to asbestos when they handle railroad ties, fix or install railway equipment or work on railroad railway ties. Asbestos is known to cause lung cancer, mesothelioma and other maladies.
In a suit filed against CSX Transportation, plaintiff Ronald K. Harris alleges that he developed 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, fumes, agents, particles, and other substances, including but not limited to diesel exhaust, welding fumes, creosote, carbon monoxide, phenols, dioxins and heavy metals."
We successfully defended our client in the two-week trial of a jury in which it was alleged that the repetitive bending, lifting and twisting during the course of work resulted in herniated lumbar disks, and an indefinite disability of 25% that resulted in a loss of wages as well as suffering and pain. The railroad was found not to be negligent, and the plaintiff was awarded a modest award.
Environmental Exposure
Railroad workers are exposed to a range of chemicals in the environment. Based on the type of work done the exposure could result in a myriad of health issues such as multiple myeloma. If cancer lawsuit or someone you love has been diagnosed with multiple myeloma as the result of work on the railroad, contact Parker Waichman to discuss your options.
In a case that was recently heard, a railroad worker was awarded $7.5 million from an appeals court after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railroads, alleging that their exposure to diesel exhaust and asbestos led to his health issues.
The railroads filed a motion for summary judgment asserting that at the time of the plaintiff's diagnosis, the plaintiff was aware of all the details and causes of the injury. The court sided with the railroads and granted their motion, concluding that the plaintiff hadn't conducted a reasonable investigation to determine whether his condition was connected to his employment at a railroad.
The plaintiff offered expert testimony in the trial of an industrial hygienist as well as epidemiologists. The expert witnesses claimed that Harris's myeloma was the result of the exposure he received to diesel exhaust. The expert witness provided numerous studies to prove this. These studies showed the connection between diesel exhaust and certain types of cancer. However, union pacific railroad lawsuit has ever concluded that diesel exhaust is a cause of multiple myeloma.