Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are able to claim compensation for injuries. To be successful, the injured person will need to prove that the railroad was negligent in causing the injury.
The evidence presented during the trial included the testimony of toxicologist who relied on different studies and the relative risk to prove that Harris's multiple myeloma was the result of his exposure diesel exhaust.
Benzene Exposure
The benzene compound is associated with several hematopoietic tumors that 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 is classified as a Group 1 Carcinogen. This chemical is found in diesel fumes and many railroad workers are regularly exposed to it.
Some railroad workers are also exposed by cleaning products such as CRC or Safety-Kleen. These cleaning products contain a particular type of benzene referred to as methylbenzene. The methylbenzene transforms into a chemical known as dioxin when it comes into contact with water. Dioxins are a group of substances that can cause numerous health issues, including lung cancer.
Parker Waichman has successfully represented many railroad workers in personal injury lawsuits against their employers under FELA. A jury gave $7.5 million to an ex- Chicago and North Western Railroad employee who was diagnosed with acute myeloid cancer after years of exposure.
In another instance the plaintiff was diagnosed with multiple lymphoma resulting from many years of work as a railroad signal maintenance technician. The plaintiff claimed that his condition was a result of exposure to benzene and diesel exhaust which he was exposed to while working. Prior to the start of trial, BNSF filed a motion for summary judgment based on the notion that plaintiff knew or ought to have known that his cancer was related to his exposure to chemicals as well as environmental dangers while working in the railroad.
Creosote Exposure
Creosote is a toxic chemical used to preserve wood has been linked to several cancers including skin cancer and scrotal carcinoma. This substance is often a issue for railroad workers who work on the maintenance and repair of railway ties. Stomach cancer lawsuit reported that workers who handled creosote had more risk than general public of developing lethal forms of cancer.
A recent court case where a railroad worker sought justice after being diagnosed with myeloma, alleges the exposure to diesel exhaust and other environmental hazards caused the cancer. The court ruled that the plaintiff knew of the potential damage he could sustain from his railroad job and could have found out about his condition by conducting an exhaustive search on the internet when he was diagnosed. Since he was not able to make this effort the action is barred.
In a separate case, the railroad was successful in defending a verdict in a lawsuit filed in Philadelphia County by a former railroad employee. The plaintiff claimed that he had developed bladder cancer due to being exposed to smoke and other chemicals such as diesel exhaust and creosote.
Parker Waichman has also obtained defense verdicts for cases involving other types of cancers like prostate and lung cancer. These cases were filed by former railroad workers, who claimed their cancers were caused by exposure to toxic chemicals at work. The firm is prepared to review the details of your case and discuss your options.
Asbestos Exposure
Railroad employees may be exposed to asbestos in their work. This is often the case when workers manage railroad ties, or repair or install railway equipment. Asbestos exposure could cause mesothelioma, 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 as per the suit, worked every day for CSX Transportation in its Laredo railroad yard. Harris breathed "harmful and toxic chemicals, agents and fumes including, but not limited to diesel exhaust, welding fumes and creosote.
We successfully represented our client in the two-week trial of a jury in which it was alleged that repetitive bending, lifting and twisting while working as a trackman caused herniated lumbar disks and a 25% permanent disability that resulted in a loss of wages as well as suffering and pain. The railroad was not found to be negligent and the plaintiff was awarded only a modest amount.
Environmental Exposure
Railroad workers are exposed various environmental chemicals. The exposure can result in many health issues including multiple myeloma based on the nature and intensity of the work. Contact Parker Waichman if you or someone in your family has been diagnosed with myeloma due to working on railways.
In a recent instance, a railroad worker was awarded $7.5 million from a jury following his diagnosis with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railways for claiming that exposure to asbestos and diesel exhaust caused health issues.
The railroads filed a motion for summary judgement arguing that, at the time of the plaintiff's diagnosis he was aware of all the factors and causes of his injury. The court ruled in favor of the railroads' motion concluding that the plaintiff failed to make a reasonably diligent investigation into whether his illness was due to his employment at a railroad.
The plaintiff offered expert testimony during the trial of an industrial hygiene specialist as well as epidemiologists. The expert witnesses claimed that Harris's myeloma was the result of the exposure he received to diesel exhaust. To prove this assertion the expert witness cited various studies that revealed the connection between certain types of cancers and diesel exhaust. A reputable scientist, however has ever claimed that diesel exhaust to be the cause of multiple myeloma.