Multiple Myeloma Caused by Railroad Work
Under FELA railroad employees can file lawsuits to recover compensation for their injuries. To bring a successful claim, the injured worker must show that negligence by the railroad was the cause of their injuries.
The evidence presented at the trial included testimony from an toxicologist who used a variety of studies and the relative risk to prove that Harris's multiple myeloma was triggered by his exposure to diesel exhaust.
Benzene Exposure
Exposure to benzene has been linked with a variety of hematopoietic malignancies, including Acute Myeloid Leukemia (AML), Acute Non-Lymphocytic Leukemia (ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer (IARC), 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 daily basis.
Railroad workers may also be exposed by cleaning products such as CRC or Safety-Kleen. union pacific railroad lawsuits of cleaning agents typically contain a type of benzene, namely the methylbenzene. The methylbenzene transforms into a chemical known as dioxin when it comes in contact with water. Dioxins are a class of substances that can cause various serious health problems, including lung cancer.
Parker Waichman has successfully represented numerous railroad workers in personal injury cases against their employers under FELA. For instance an award was made by a jury to a former Chicago and North Western Railroad worker $7.5 million for his diagnosis of acute myeloid leukemia after years of exposure to chemicals and solvents while working.
Another instance involved a plaintiff who was diagnosed with multiple myeloma while working as an engineer in the maintenance of railroad signals for a number of years. The plaintiff claimed that his condition was caused by exposure to diesel exhaust, as well as the benzene he encountered on the job. BNSF filed a summary judgement motion prior to the trial started on the premise that plaintiff knew or should've known that his cancer was the result of his exposure to environmental hazards and chemicals while working for the railroad.
Creosote Exposure
Creosote, a poisonous chemical used to preserve wood is linked to several cancers including skin cancer and scrotal carcinoma. union pacific railroad lawsuits working on the maintenance and repair of railway ties are frequently exposed to this chemical. The National Toxicology Program has reported that workers who handle creosote are at a greater risk of developing cancer lethal than the general population.
A recent court case in which a railroad employee filed suit after being diagnosed with multiple myeloma alleges the exposure to diesel exhaust and other environmental hazards caused the cancer. The court found that the plaintiff knew of the potential dangers he might suffer because of his job as a railroad worker and could have found out about his condition by conducting a diligent internet search when he was diagnosed. The plaintiff did not do so and his claim is now time-barred.
In a different case, the railroad was successful in defending a verdict in a lawsuit brought in Philadelphia County by a former railroad worker. The plaintiff claimed that the cause of his illness was bladder carcinoma as a result his occupational exposure to smoke and other chemicals such as diesel exhaust, and creosote.
Parker Waichman has also obtained defense verdicts for cases involving different types of cancers, including prostate and lung cancer. These cases were brought by former railroad employees who claimed their cancers were caused by exposure to toxic chemicals at work. The firm is ready to review your case facts and present your options.
Asbestos Exposure
Railroad employees 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 cancers.
In csx lawsuit filed against CSX Transportation, plaintiff Ronald K. Harris alleges that he developed multiple myeloma because from 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, he inhaled "harmful chemicals, toxic agents, fumes, particles, and substances including but not including diesel exhaust creosote, welding fumes, phenols, carbon monoxide, dioxins, and heavy metals."
We successfully defended our client in the two-week trial of a jury in which it was claimed that repetitive bent, lifting and twisting when working as a trackman resulted in herniated lumbar disks, and an indefinite disability of 25% that caused loss of earnings and suffering and pain. The railroad was not found to be negligent and the plaintiff was awarded only a small amount.
Environmental Exposure
Railroad workers are exposed to a variety of environmental chemicals. This exposure can trigger numerous health problems including multiple myeloma based on the type and extent of the work. Contact Parker Waichman if you or a family member has been diagnosed with myeloma as a result of working on railways.
In a case that was recently heard, railroad workers received $7.5 million from an appeals court after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He filed a lawsuit against two major railroads, claiming that their exposure to diesel exhaust and asbestos caused his health issues.
The railroads filed a motion for summary judgement in which they claimed that at the time of the plaintiff's diagnosis, the plaintiff was aware of all the factors and causes of his injury. The court agreed with the railroads and granted their motion concluding that the plaintiff hadn't made a reasonable inquiry to determine if his condition was related to his employment at a railroad.
The plaintiff offered expert testimony during the trial of an industrial hygiene specialist as well as epidemiologists. The experts claimed that Harris's myeloma arose as a result of the exposure he received to diesel exhaust. In support of this assertion the expert witness cited various studies that showed a correlation between certain types of cancers and diesel exhaust. However, no credible scientist has ever concluded that diesel exhaust is a cause of multiple myeloma.