Multiple Myeloma Caused by Railroad Work
Under FELA railroad employees can bring lawsuits to seek compensation for their injuries. However, to make a claim that is successful, the injured party must prove that the railroad's negligence caused their injury.
The evidence in the trial included testimony from toxicologist who utilized different studies and risk factors to prove that Harris's multiple myeloma caused by his exposure to diesel exhaust.
Benzene Exposure
It 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, benzene is a Group 1 Carcinogen. This chemical is present in diesel fumes and exhaust, which many railroad workers are exposed to on a daily routine.
Additionally, certain railroad workers are also exposed to benzene by using cleaning products like Safety-Kleen as well as CRC. These cleaning agents contain a type benzene known as methylbenzene. The methylbenzene converts to a chemical known as dioxin when it comes into contact with water. Dioxins are chemicals that can trigger various serious health issues, including lung cancer.
Parker Waichman has successfully represented numerous railroad employees in personal injury cases against their employers under FELA. A jury awarded $7.5 million to a former Chicago and North Western Railroad employee who was diagnosed with acute myeloid carcinoma after years of exposure.
Another case involved the plaintiff who was diagnosed with myeloma after working as an engineer for railroad signal maintenance for a number of years. The plaintiff claimed that his condition was caused by exposure to diesel exhaust as well as the benzene that he was exposed to on the job. Prior to the beginning of trial, BNSF filed a motion for summary judgment based on the idea that plaintiff should have known his cancer was related to his exposures to chemicals and environmental hazards during his railroad employment.
Creosote Exposure
Creosote is a toxic chemical used to preserve wood has been linked to various cancers, including skin cancer and scrotal carcinoma. Railroad workers who work on the maintenance and repair of railway ties are often exposed to this chemical. The National Toxicology Program has reported that those who handle creosote face a higher risk of developing cancer that is fatal than the general population.
A recent court case in which a railway worker filed suit after being diagnosed with multiple myeloma. The case alleged that his occupational exposures 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 might have discovered his injuries by conducting a fairly thorough internet search at the time he was diagnosed. He did not undertake the search and his case is now time-barred.
In a separate case, the railroad won its defense decision in a case filed in Philadelphia County by an ex-railroad employee. The plaintiff claimed that he was diagnosed with bladder cancer as a result of his occupational exposure to smoke and other chemicals such as diesel exhaust and creosote.
Parker Waichman has also secured defense verdicts in cases involving other types of cancers such as prostate and lung cancer, brought by other former railroad employees who claimed that their cancers stemmed from an exposure to toxic chemicals at work. The firm is ready to review the facts of your case and discuss your options.
Asbestos Exposure
Railroad employees could be exposed to asbestos while working. The exposure is most often experienced when workers are handling railroad ties, or repair or install railway equipment. Asbestos is known to cause mesothelioma, lung cancer and other illnesses.
Ronald K. Harris, the plaintiff in a lawsuit filed against CSX Transportation claims that he contracted multiple myeloma due to his job at the railroad. class action lawsuit against norfolk southern railroad as per the lawsuit, worked on a daily basis for CSX Transportation in its Laredo railroad yard. He breathed "harmful and toxic chemical, agents and fumes including, but not limited to diesel exhaust, welding fumes, and creosote.
We successfully defended our clients during the jury trial that lasted two weeks, where it was alleged repetitive bending and lifting while working as trackmen led to herniated disks in the lumbar region. This resulted in a 25% disability permanent leading to loss of earnings and pain and discomfort. The railroad was found not to be negligent, and the plaintiff was awarded a small award.
Environmental Exposure
Railroad workers are exposed a range of chemicals in the environment. Based on the type of work that is performed and the type of work, exposure to chemicals can cause health issues of a variety which include multiple myeloma. If you or someone you love has been diagnosed with multiple myeloma because of work done on the railroad, get in touch with Parker Waichman to discuss your options.
In a recent case a railroad worker was awarded $7.5 million from the jury after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railways in the claim that their exposure to diesel exhaust and asbestos caused health issues.
The railroads filed an appeal for summary judgment in which they claimed that at the time of the plaintiff's diagnosis he was aware of all the circumstances and causes of his injury. The court agreed and granted the railroads' motion concluding that the plaintiff was unable to conduct a reasonable inquiry into whether his health condition was related to his work at the railroad.
In the courtroom the plaintiff presented expert evidence from an industrial hygienist and epidemiologists. Expert witnesses stated that Harris's myeloma may be the result of his exposure diesel exhaust. To support this claim, the expert witness referenced various studies that revealed an association between certain types of cancers and diesel exhaust. But, no reputable scientist has ever claimed that diesel exhaust is the reason of multiple myeloma.