Multiple Myeloma Caused by Railroad Work
Under FELA railroad employees can sue to recover compensation for their injuries. However, to succeed in bringing a claim, the injured worker must show that the railroad's negligence caused their injury.
The evidence presented at the trial included testimony of toxicologist who utilized different studies and the relative risk to prove that Harris's multiple myeloma was the result of his exposure diesel exhaust.
Benzene Exposure
There is a link between benzene and many hematopoietic tumours 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 belongs to the Group 1 Carcinogen. The chemical is found in diesel exhaust and fumes which railroad workers are exposed to on a regular regularly.
Furthermore, some railroad employees are also exposed to benzene via cleaning products like Safety-Kleen and CRC. These types of cleaning agents typically contain a kind of benzene called 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 successfully represented many railroad workers in personal injury lawsuits against their employers under FELA. For example, a jury awarded an ex- Chicago and North Western Railroad worker $7.5 million for his diagnosis of acute myeloid leukemia following years of exposure to solvents and chemicals while working.
In another case the plaintiff was diagnosed with multiple lymphoma resulting from several years of working as a railway signal maintenance technician. The plaintiff claimed that his condition was caused from exposure to diesel exhaust, as well as the benzene he encountered during his job. Prior to the beginning of trial, BNSF filed a motion for summary judgment based on the notion that plaintiff knew or should have known that his cancer was related to the exposure to chemicals and environmental dangers during his employment at the railroad.
Creosote Exposure
Creosote is a toxic chemical used to preserve wood is linked to several cancers including skin cancer and scrotal cancer. Railroad workers who work on the maintenance and repair of railway ties can be exposed to this chemical. The National Toxicology Program reported that workers who handled creosote had a higher risk than the general public of developing lethal forms of cancer.
A recent court case where a railroad worker who was diagnosed with multiple myeloma claims his exposure to diesel exhaust and other environmental dangers caused the cancer. The judge decided that the plaintiff was aware of the possibility of harm from his railroad work and could have discovered his injury through a reasonably thorough internet search at the time that he was diagnosed. He failed to make the effort and his claim is now barred.
In a separate instance, the railroad was successful in defending its verdict in a lawsuit filed in Philadelphia County by an ex-railroad employee. The plaintiff claimed that he was diagnosed with bladder cancer as a result of his exposure to smoke, other chemicals such as diesel exhaust, and creosote.
Parker Waichman has also secured defense verdicts in cases that involve other types of cancers, such as prostate and lung cancers, which were brought by former railroad employees who claimed their cancers were a result of an exposure to toxic chemicals on the job. The firm is ready to analyze the facts of your case and explain your options.
Asbestos Exposure
Railroad employees may be exposed to asbestos during their employment. Workers are exposed to asbestos while they work on railroad ties, repair or install railway equipment, or work on railroad tie. Asbestos exposure could cause mesothelioma and lung cancer as well as other ailments.
In a case brought against CSX Transportation, plaintiff Ronald K. Harris claims that he developed 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 regular basis. In the process, he inhaled "harmful chemicals, toxic agents, fumes and particles, and other substances, including but not limited to diesel exhaust, welding fumes, creosote, carbon monoxide and phenols. dioxins, and heavy metals."
railroad workers cancer lawsuit represented our clients in a jury trial lasting two weeks, in which it was alleged repetitive lifting and bending as trackmen caused herniated discs in the lumbar region, causing an impairment of 25% which resulted in a loss of wage as well as discomfort and pain. The railroad was found not to be negligent and the plaintiff was awarded only a modest amount.
Environmental Exposure
Railroad workers are exposed to a number of different environmental chemicals. Based on the kind of work they do the exposure could lead to numerous health problems, including multiple myeloma. Contact Parker Waichman if you or a family member has been diagnosed with myeloma due to working on railroads.
In a recent case, railroad workers received $7.5 million from a jury following his diagnosis with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He filed a lawsuit against two major railroads, claiming that exposure to asbestos and diesel exhaust caused his health problems.
The railroads filed an appeal for summary judgment arguing that, at the time of the plaintiff's diagnosis the plaintiff was aware of all the circumstances and causes of his injury. The court sided with the railroads and granted their motion concluding that the plaintiff hadn't made a reasonable inquiry to determine if the condition was connected to his work at the railroad.
The plaintiff gave expert testimony during the trial of an industrial hygienist, as well as epidemiologists. Expert witnesses stated that Harris's myeloma is a result of his exposure to diesel exhaust. In support of this assertion, the expert witness referenced several studies that proved that there was a link between certain kinds of cancer and diesel exhaust. A reputable scientist, however has ever claimed that diesel exhaust is the source of multiple myeloma.