Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers may sue for compensation for injuries. In order to bring a successful claim, the injured person must prove that negligence on the part of the railroad contributed to their injury.
The evidence presented in the trial included the testimony of toxicologist who utilized various studies and risk factors to prove that Harris's multiple myeloma caused by his exposure to diesel exhaust.
Benzene Exposure
Benzene exposure is associated with various hematopoietic cancers which include Acute Myeloid Leukemia (AML), Acute Non-Lymphocytic Leukemia (ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer (IARC), it is classified as a Group 1 carcinogen. This chemical is found in diesel fumes and railroad workers are regularly exposed to it.
Some railroad workers are exposed by cleaning products like Safety-Kleen or CRC. These cleaning agents contain a type benzene known as methylbenzene. The methylbenzene is converted to dioxin, a chemical when it comes into contact with water. Dioxins belong to a group of substances that can lead to a variety of serious health problems, including lung cancer.
Parker Waichman has successfully represented numerous railroad employees in personal injury cases against their employers under FELA. For example, a jury awarded a former Chicago and North Western Railroad worker $7.5 million after he was diagnosed of acute myeloidleukemia following years of exposure to chemicals and solvents while working.
Another case involved the plaintiff who was diagnosed with myeloma after working as an engineer in the maintenance of railroad signals for a period of time. He alleged his condition was caused by exposure to diesel exhaust and benzene that he was exposed to working. BNSF filed a summary judgment motion before the trial started on the theory plaintiff knew or should have had the knowledge that his cancer was a result of exposure to chemicals and environmental hazards when 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. This chemical is often a issue for railroad workers who work on the maintenance and repairs of railway ties. The National Toxicology Program reported that those who handled creosote were at more risk than general public of developing lethal forms of cancer.
In an upcoming court case, an employee of a railroad filed suit after being diagnosed with multiple myeloma. He claimed that exposure to diesel exhaust as well as environmental dangers caused cancer. The court determined that the plaintiff was aware of the possibility of negative effects of his work at the railroad and could have discovered the injury by conducting a fairly thorough internet search at the time that he was diagnosed. Since he did not do this his claim is time-barred.
In a different instance, the railroad was successful in defending a verdict in a lawsuit filed in Philadelphia County by a former railroad worker. The plaintiff claimed that he developed bladder cancer as a result of the exposure he received to smoke, as well as other chemicals such as diesel exhaust and creosote.
Parker Waichman has also obtained defense verdicts for cases involving other types cancers, including prostate and lung cancer. These cases were brought by former railroad employees who claimed their cancers were due to a lifetime exposure to toxic chemicals at work. The firm is prepared to review the details of your case and explain your options.
Asbestos Exposure
Asbestos may pose a health risk for railroad workers. This exposure often occurs when railroad workers work with railroad ties or repair or install railway equipment. Asbestos exposure can cause mesothelioma, lung cancer and other diseases.
In a case filed against CSX Transportation, plaintiff Ronald K. Harris alleges that he developed multiple myeloma as a consequence from his work for the railroad. Harris, according to the lawsuit worked daily for CSX Transportation in its Laredo railroad yard. As a result Harris inhaled "harmful, toxic chemicals, agents, fumes, particles, and substances which include but not including diesel exhaust creosote, welding fumes, carbon monoxide, phenols dioxins and heavy metals."
We successfully represented our clients in the trial of a jury that lasted two weeks. It was claimed that repetitive lifting and bending during work as trackmen caused herniated discs in the lumbar region. This resulted in a 25% disability permanent resulting in lost wage and pain and discomfort. The railroad was not found to be negligent and the plaintiff received only a minimal award.
Environmental Exposure
Railroad workers are exposed to various environmental chemicals. Based on the type of work performed and the type of work, exposure to chemicals can lead to numerous health problems including multiple myeloma. Contact Parker Waichman if you or someone in your family has been diagnosed with myeloma following working on railroads.
In mesothelioma lung cancer lawsuit , an employee of a railroad was awarded $7.5 million by a jury for having been diagnosed with acute myeloid leukemia and myelodysplastic syndrome (MDS). He sued two major railroads, claiming that exposure to asbestos and diesel exhaust caused health issues for him.
However the railroads filed a summary judgment motion arguing that the plaintiff was aware of crucial facts and the possible causes of his injury by the time of his diagnosis. The court agreed with the railroads and granted their motion concluding that the plaintiff has not conducted a reasonable investigation to determine if his illness was connected to his railroad employment.
The plaintiff gave expert testimony in the trial of an industrial hygienist, as well as epidemiologists. The expert witnesses claimed Harris's myeloma resulted of the exposure he received to diesel exhaust. To prove this claim the expert witness cited numerous studies that demonstrated the connection between certain types of cancer and diesel exhaust. However, no reputable scientist has ever claimed that diesel exhaust is the reason of multiple myeloma.