Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers can sue to obtain compensation for injuries. To be successful, the person who was injured will need to prove that the railroad was negligent in causing the injury.
The evidence presented at the trial included the testimony of a toxicologist who used different studies and their relative risks to prove that Harris's multiple myeloma was the result of his exposure diesel exhaust.
Benzene Exposure
Benzene is linked to 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, it is 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 to cleaning products such as Safety-Kleen or CRC. These cleaning agents contain a specific benzene known as methylbenzene. The methylbenzene can be converted into dioxin, a chemical when it comes into contact with water. Dioxins are a class of chemicals that can trigger a variety of serious health issues including lung cancer.
Parker Waichman has represented railroad workers in personal injury cases against their employers, in accordance with the FELA. A jury awarded $7.5 million to a former Chicago and North Western Railroad employee diagnosed with acute myeloid cancer following years of exposure.
In another case the plaintiff was diagnosed with multiple lymphoma resulting from several years of employment as a railway signal maintenance technician. He claimed his condition was the result of exposures to benzene and diesel exhaust which he was exposed to while working. Prior to the commencement of trial, BNSF filed a motion for summary judgment based on the idea that plaintiff was aware or ought to have known that his cancer was related to the exposure to chemicals and environmental hazards while working for the railroad.
class action lawsuit against norfolk southern railroad is a toxic chemical used to preserve wood is 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 substance. The National Toxicology Program has reported that workers who work with creosote have a higher risk of developing lethal cancer than the general population.
In a recent court case, a railroad worker sued after being diagnosed with multiple myeloma. He claimed that his work-related exposure to diesel exhaust as well as environmental hazards caused 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 his injury via a reasonable internet search prior to the time he was diagnosed. Since he was not able to make this effort his claim is time-barred.
In a separate instance, the railroad won its defense verdict in a lawsuit filed in Philadelphia County by an ex-railroad employee. The plaintiff claimed that he developed bladder carcinoma as a result being exposed to smoke, other chemicals like diesel exhaust and creosote.
Parker Waichman has also secured defense verdicts in the cases involving different types of cancers including prostate and lung cancers, which were brought by former railroad workers who alleged their cancers were caused by a lifetime of exposure to harmful chemicals on the job. The firm is ready to review the facts of your case and present your options.
Asbestos Exposure
Railroad employees may be exposed to asbestos during their employment. This exposure often occurs when railroad workers work with railroad ties or repair or install railway equipment. Asbestos can cause mesothelioma, lung cancer, as well as other ailments.
In a lawsuit filed against CSX Transportation, plaintiff Ronald K. Harris claims that he contracted multiple myeloma as a result of his work with the railroad. Harris as per the lawsuit, was employed every day by CSX Transportation in its Laredo railroad yard. As a result, he inhaled "harmful toxic chemicals, agents, fumes, particles, and substances that include but are not limited to diesel exhaust, welding fumes, creosote, carbon monoxide, phenols 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 while working as a trackman resulted in 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 received a minimal award.
Environmental Exposure
Railroad workers are exposed a variety of environmental chemicals. This exposure can trigger a variety of health problems including multiple myeloma, depending on the type and extent of the work. Contact Parker Waichman if you or a family member has been diagnosed with myeloma due to working on railroads.
In a case that was recently heard, railroad workers received $7.5 million from the jury after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railroads, claiming that exposure to diesel exhaust and asbestos led to his health issues.
However the railroads subsequently filed an appeal based on summary judgment, which argued that the plaintiff was aware of the crucial facts and the possible causes of his injury by the time he was diagnosed. The court ruled in favor of the railroads' motion concluding that the plaintiff was unable to make a reasonably diligent inquiry into whether the condition was connected to his railroad employment.
The plaintiff gave expert testimony in the trial of an industrial hygienist as as epidemiologists. The expert witnesses claimed Harris's myeloma was the result of the exposure he received to diesel exhaust. The expert witness provided numerous studies to prove this. These studies demonstrated a correlation between diesel exhaust and certain types of cancers. But, no reputable scientist has ever concluded that diesel exhaust is the cause of multiple myeloma.