Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are entitled to file lawsuits to recover compensation for their injuries. However, in order to be successful in bringing a claim the injured worker must prove that the railroad's negligence contributed to their injuries.
The evidence presented at the trial included the testimony of a toxicologist who used different studies and the relative risk to prove that Harris's multiple myeloma had been caused by his exposure to diesel exhaust.
Benzene Exposure
The benzene compound is associated with various hematopoietic cancers, including 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 can be found in diesel fumes and railroad workers are regularly exposed to it.
Moreover, some railroad workers are also exposed to benzene by using cleaning products like Safety-Kleen and CRC. These cleaning products contain a specific benzene known as methylbenzene. When methylbenzene comes into contact with the water, it's transformed into a chemical called dioxin. Dioxins are substances that can cause numerous health problems which include lung cancer.
Parker Waichman has successfully represented numerous railroad workers in personal injury claims against their employers under FELA. For instance, a jury awarded a former Chicago and North Western Railroad worker $7.5 million for the diagnosis of acute myeloid leukemia following years of exposure to solvents and chemicals while working.
Another case involved a plaintiff who was diagnosed with myeloma after working as an engineer for railroad signal maintenance for a period of time. He claimed his condition was a result of exposure to benzene and diesel exhaust that he experienced while on the job. BNSF filed an appeal to dismiss the summary judgment before the trial started on the theory plaintiff knew or should have known that his cancer was the result of his exposure to environmental hazards and chemicals while working for the railroad.
Creosote Exposure
A poisonous chemical that is used to preserve wood creosote has been linked to several cancers, including skin and scrotal cancer. This substance is often a problem for railroad workers who work on the maintenance and repairs of railway ties. The National Toxicology Program has reported that workers who handle creosote have a greater chance of developing cancer lethal than the general population.
A recent court case in which a railroad employee sought justice after being diagnosed with multiple myeloma alleges his exposure to diesel exhaust and other environmental hazards caused the cancer. The court found that the plaintiff was aware of any potential damage he could incur due to his job at the railroad and could have learned about his injury by conducting an exhaustive search on the internet when he was diagnosed. Because he failed to do this the action is barred.
In a different case, the railroad won its defense decision in a case filed in Philadelphia County by an ex-railroad employee. The plaintiff claimed that he was diagnosed with bladder carcinoma as a result his occupational exposure to smoke and other chemicals such as diesel exhaust and creosote.
Parker Waichman has also obtained defense verdicts in cases that involve different types of cancers, such as lung and prostate cancer. These cases were brought by former railroad workers, who claimed their cancers were caused by a lifetime exposure to toxic chemicals at work. The firm is prepared to review your case facts and explain your options.
Asbestos Exposure
Asbestos is a concern for railroad employees. Workers are exposed to asbestos when they operate railroad ties, repair or install railway gear, or work on railroad railway ties. Asbestos can cause mesothelioma, lung cancer and other cancers.
Ronald K. Harris, the plaintiff in a lawsuit brought against CSX Transportation claims that he contracted multiple myeloma because of his job at the railroad. Harris according to the suit, worked every day for CSX Transportation in its Laredo railroad yard. He breathed "harmful and toxic chemical, agents and fumes including but not limited to diesel exhaust, welding fumes, and creosote.
We successfully defended our clients in the trial of a jury that lasted two weeks, in which it was claimed that repetitive bending and lifting while working as trackmen caused herniated disks in the lumbar region. This resulted in an injury that caused a 25% disability for the rest of his life which resulted in a loss of wage as well as discomfort and pain. The railroad was not found to be negligent and the plaintiff received a minimal award.
Environmental Exposure
Railroad workers are exposed a number of different environmental chemicals. Depending on railroad lawsuit settlements of work that is performed this exposure can cause a variety of health issues, including multiple myeloma. Contact Parker Waichman if you or someone in your family has been diagnosed with myeloma after working on railways.
In a recent case an employee of a railroad received $7.5 million from a jury after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He filed a lawsuit against two major railroads for claiming that exposure to asbestos and diesel exhaust caused health issues.
However, the railroads filed an appeal to a summary judgment, arguing that the plaintiff was aware of fundamental facts and possible reasons for his injury at the time of his diagnosis. The court sided with the railroads and granted their motion, concluding that the plaintiff hadn't conducted a reasonable investigation to determine if the condition was connected to his work at the railroad.
The plaintiff gave expert testimony in the trial of an industrial hygiene specialist as well as epidemiologists. The expert witnesses stated that Harris's myeloma may be the result of his exposure diesel exhaust. The expert witness provided numerous studies to back this claim. These studies demonstrated an association between diesel exhaust and certain types of cancers. But, no reputable scientist has ever concluded that diesel exhaust is the reason of multiple myeloma.