Multiple Myeloma Caused by Railroad Work
Under FELA, railroad workers can file lawsuits to recover compensation for their injuries. However, in order to be successful in bringing a claim the injured party must prove that negligence by the railroad played a role in causing their injuries.
The evidence presented at the trial included testimony from an toxicologist, who relied on different studies and risk factors to establish that Harris's myeloma had been caused by his exposure to diesel exhaust.
Benzene Exposure
There is a link between benzene and several hematopoietic tumors which include Acute Myeloid Leukemia(AML), Acute Non-Lymphocytic Leukemia(ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer (IARC), benzene is classified as a Group 1 carcinogen. The chemical is found in diesel exhaust and fumes, which many railroad workers are exposed to on a regular routine.
Additionally, some railroad workers are also exposed to benzene via cleaning products such as Safety-Kleen and CRC. These kinds of cleaning agents typically contain a type of benzene known as methylbenzene. When methylbenzene gets into contact with water, it is converted into a chemical known as dioxin. Dioxins can cause lung cancer and other serious health problems.
Parker Waichman has successfully represented many railroad workers in personal injury claims against their employers under FELA. For example, a jury awarded a former Chicago and North Western Railroad worker $7.5 million for his diagnosis of acute myeloidleukemia after years of exposure to solvents and chemicals while working.
In a different case the plaintiff was diagnosed with multiple lymphoma resulting from many years of work as a railroad signal maintenance technician. The plaintiff claimed that his condition was a result of exposure to benzene and diesel exhaust that he encountered working. BNSF filed a summary judgement motion prior to the trial began, based on the premise that plaintiff knew or should have knew that his cancer was the result of his exposure to environmental hazards and chemicals when working for the railroad.
Creosote Exposure
A poisonous chemical that is that is used as a wood preserver creosote has been linked to several cancers, including skin and scrotal cancer. Creosote is a common problem for railroad workers working on the maintenance and repair of railway ties. The National Toxicology Program reported that those who handled creosote were at an increased risk than the general public of developing lethal forms of cancer.
A recent court case in which a railroad worker filed suit after being diagnosed with multiple myeloma alleges his occupational exposures to diesel exhaust as well as other environmental hazards caused the cancer. The court ruled the plaintiff was aware of the potential damage he could incur because of his job as a railroad worker and could have discovered about his condition by conducting an exhaustive search on the internet when he was diagnosed. He did not take the necessary steps and the case was deemed to be time-barred.
In a different instance, the railroad was able to win a defense verdict in a lawsuit filed in Philadelphia County by a former railroad employee. The plaintiff claimed that the cause of his illness was bladder cancer due to being exposed to smoke, as well as other chemicals such as diesel exhaust and creosote.
Parker Waichman has also obtained defense verdicts in cases involving different types of cancers, such as lung and prostate cancer. These cases were brought by former railroad workers, who claimed their cancers had been due to a lifetime exposure to toxic chemicals at work. The firm is ready to examine the facts of your case, and then explain your options.
Asbestos Exposure
Railroad employees can be exposed to asbestos while working. Workers are exposed to asbestos while they work on railroad ties, repair or install railway equipment or work on railroad railway ties. Asbestos exposure can result in mesothelioma, lung cancer and other diseases.
In a suit filed against CSX Transportation, plaintiff Ronald K. Harris alleges that he developed multiple myeloma because from his work for the railroad. Harris as per the lawsuit worked daily for CSX Transportation in its Laredo railroad yard. Harris breathed "harmful and toxic fumes, chemicals, and agents including, but not limited to diesel exhaust, welding fumes, and creosote.
class action lawsuit against union pacific railroad defended our client during a two-week jury trial in which it was claimed that the repetitive bent, lifting and twisting while working as a trackman caused herniated lumbar disks and an indefinite disability of 25% that resulted in a loss of wages as well as pain and suffering. The railroad was found to not be negligent and the plaintiff was awarded only a minimal award.
Environmental Exposure
Railroad workers are exposed to various environmental chemicals. Based on the type of work that is performed this exposure can result in a myriad of health issues such as multiple myeloma. Contact Parker Waichman if you or someone in your family has been diagnosed with myeloma after working on the railroad.
In a recent case, railroad workers received $7.5 million from the 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.
The railroads filed a motion for summary judgement asserting that at the time of the plaintiff's diagnosis, the plaintiff was aware of all the factors and causes of his injury. The court agreed and granted the railroads' motion concluding that the plaintiff failed to make a reasonably diligent inquiry into whether his illness was due to his railroad work.
The plaintiff gave evidence from an industrial hygienist as well as epidemiologists. The expert witnesses said that Harris's myeloma is a result of his exposure diesel exhaust. To support this claim the expert witness cited various studies that showed the connection between certain types of cancers and diesel exhaust. There is no credible scientist, however, has ever concluded diesel exhaust is the cause of multiple myeloma.