Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are able to sue to recover compensation for injuries. To be successful, the injured person will have to prove 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 relative risks to establish that Harris's multi myeloma was triggered by his exposure to diesel exhaust.
class action lawsuit against union pacific railroad to benzene can be linked to a range of 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, it is a Group 1 Carcinogen. This chemical is present in diesel fumes and exhaust, which many railroad workers are exposed to on a daily basis.
Some railroad workers are exposed to cleaning products like Safety-Kleen or CRC. These kinds of cleaning products typically contain a type of benzene, namely methylbenzene. The methylbenzene can be converted into a chemical known as dioxin when it comes in contact with water. Dioxins are a group of substances that can cause many serious health problems, including lung cancer.
Parker Waichman has represented railroad workers in personal injury cases against their employers, as part of the FELA. For instance an award was made by a jury to a former Chicago and North Western Railroad worker $7.5 million for the diagnosis of acute myeloid leukemia after years of exposure to chemicals and solvents on the job.
In another case the plaintiff was diagnosed with multiple lymphoma after many years of service as a railway signal maintenance technician. He claimed that his condition was caused from exposure to diesel exhaust, as well as the benzene he encountered on the job. Before the beginning of trial, BNSF filed a motion for summary judgment based on the notion that plaintiff was aware or should have known his cancer was related to exposure to chemicals and environmental hazards during his railroad employment.
Creosote Exposure
Creosote, 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 can be exposed to this chemical. The National Toxicology Program has reported that workers who work with creosote face a higher risk of developing cancer lethal than the general population.
A recent court case in which a railway worker sued after he was diagnosed with multiple myeloma alleges the exposure to diesel exhaust and other environmental toxins caused the cancer. The court ruled that the plaintiff was aware of the possibility of dangers posed by his work in the railroad and could have discovered the injury by conducting a fairly thorough internet search prior to the time when he was diagnosed. Since he did not do this, his action is time-barred.
In a different case, the railroad was successful in defending a decision in a suit filed in Philadelphia County by a former railroad employee. The plaintiff claimed that he had developed bladder cancer as a result of the exposure he received to smoke, other chemicals like diesel exhaust and creosote.
Parker Waichman has also secured defense verdicts in the cases involving different types of cancers such as prostate and lung cancers, which were brought by former railroad employees who claimed their cancers were a result of years of exposure to toxic chemicals at work. Parker Waichman is prepared to review the facts of your case and explain your options.
Asbestos Exposure
Railroad employees could be exposed to asbestos while working. Workers are exposed to asbestos when they operate railroad ties, fix or install railway gear, or work on railroad ties. Asbestos exposure can cause mesothelioma and 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 work with the railroad. Harris according to the lawsuit, was employed every day by CSX Transportation in its Laredo railroad yard. As a result, he inhaled "harmful toxic chemicals, fumes, substances, particles, and substances that include but are not limited to diesel exhaust, welding fumes, creosote, phenols, carbon monoxide, 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 caused lumbar disc herniation and a 25% permanent disability that resulted in a loss of wages as well as pain and suffering. The railroad was found not to be negligent, and the plaintiff was awarded a modest award.
Environmental Exposure
Railroad workers are exposed to various environmental chemicals. This exposure can cause various health issues including multiple myeloma, depending on the type and extent of the work. If you or a loved one has been diagnosed with multiple myeloma as because of work done on the railroad, you should contact Parker Waichman to discuss your options.
In a recent instance, a railroad worker received $7.5 million from a jury following his diagnosis with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railroads, alleging that their exposure to asbestos and diesel exhaust caused his health issues.
However the railroads subsequently filed an appeal based on summary judgment, which argued that the plaintiff was aware of most important facts and potential reasons for his injury at the time he was diagnosed. The court agreed with the railroads and granted their motion concluding that the plaintiff hadn't conducted a reasonable investigation to determine if his illness was connected to his railroad work.
At trial the plaintiff offered expert evidence from an industrial hygienist and epidemiologists. The experts claimed that Harris's myeloma was the result of the exposure he received to diesel exhaust. The expert witness provided numerous studies to back this claim. These studies revealed a correlation between diesel exhaust and certain types of cancer. No reputable scientist, however, has ever concluded diesel exhaust is the source of multiple myeloma.