Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers can sue for compensation for injuries. To be successful, the person who was injured must prove the railroad was negligent in causing the injury.
The evidence in the trial included the testimony of toxicologist who conducted various studies and relative risk factors to demonstrate that Harris's myeloma had been caused by his exposure to diesel exhaust.
Benzene Exposure
Exposure to benzene is linked to 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. The chemical is found in diesel fumes and exhaust, which many railroad workers are exposed to on a regular routine.
Moreover, class action lawsuit against norfolk southern railroad are exposed to benzene through cleaning products such as Safety-Kleen or CRC. These cleaning products contain a type benzene known as methylbenzene. When methylbenzene is in contact with water, it is converted into a chemical known as dioxin. Dioxins can cause lung cancer and other serious health issues.
Parker Waichman has represented railroad workers in personal injury cases against their employers, in accordance with the FELA. For instance the jury awarded a former Chicago and North Western Railroad worker $7.5 million after he was diagnosed of acute myeloid leukemia following years of exposure to solvents and chemicals while working.
Another instance involved one plaintiff who was diagnosed with multiple myeloma following working as an engineer in the maintenance of railroad signals for a number of years. He claimed that his illness was caused from exposure to diesel exhaust and benzene exposure he experienced during his work. Prior to the start of trial, BNSF filed a motion for summary judgment based upon the idea that plaintiff knew or ought to have known that his cancer was related to exposure to chemicals and environmental dangers during his employment at the railroad.
Creosote Exposure
A toxic chemical that is used as a wood preserver creosote is linked to various cancers including skin and scrotal cancer. Railroad workers who worked on the maintenance and repair of railway ties are often exposed to this substance. The National Toxicology Program has reported that those who handle creosote face a higher risk of developing cancer lethal than the general population.
In a recent court case, an employee of a railroad filed suit after being diagnosed with multiple myeloma. He claimed that his occupational exposure to diesel exhaust as well as environmental dangers led to cancer. The court ruled the plaintiff was aware of the potential dangers he might suffer due to his job at the railroad and could have learned about his condition by conducting an exhaustive search on the internet when the diagnosis came in. The plaintiff did not undertake the search and his action is now barred.
In a separate case, the railroad was successful in defending its decision in a case filed in Philadelphia County by an ex-railroad employee. The plaintiff claimed that he had developed bladder cancer as a result of his exposure to secondhand smoke and other chemicals like creosote or diesel exhaust.
Parker Waichman has also obtained defense verdicts in cases involving other types cancers, including prostate and lung cancer. These cases were filed by former railroad workers, who claimed their cancers were resulted from a lifetime exposure to toxic chemicals at work. The firm is ready to review your case's details and provide you with options.
Asbestos Exposure
Railroad employees could be exposed to asbestos during their job. Workers are exposed to asbestos when they work with railroad ties, fix or install railway gear or work on railroad railway ties. Asbestos exposure could cause mesothelioma, lung cancer, as well as other ailments.
Ronald K. Harris, the plaintiff in a lawsuit against CSX Transportation claims that he contracted multiple myeloma due to his work with the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a daily basis. As a result Harris breathed in "harmful chemical substances, toxic chemicals, agents, fumes, particles, and other substances which include but not limited to diesel exhaust, welding fumes, creosote, carbon monoxide, phenols, dioxins, and heavy metals."
We successfully defended our clients during a jury trial lasting two weeks. It was alleged that repetitive lifting and bending during work as trackmen resulted in herniated disks in the lumbar region and permanent disability of 25% resulting in lost wage and pain and discomfort. The railroad was found not be negligent and the plaintiff received only a modest amount.
Environmental Exposure
Railroad workers are exposed to various environmental chemicals. Depending on the type of work done and the type of work, exposure to chemicals can result in a myriad of health issues which include multiple myeloma. Contact Parker Waichman if you or a family member has been diagnosed with myeloma as a result of working on the railroad.
In a recent court case, a railroad employee was awarded $7.5 million by a juror for being diagnosed with acute myeloid leukemia and myelodysplastic syndrome (MDS). He sued two major railways for claiming that exposure to diesel exhaust and asbestos caused health issues.
The railroads filed a motion for summary judgment arguing that, at the time of the plaintiff's diagnosis, it was aware of the details and causes of the injury. The court ruled in favor of the railroads' motion, concluding that plaintiff failed to make a reasonably diligent inquiry into whether his condition was connected to his railroad employment.
The plaintiff offered expert testimony in the trial of an industrial hygienist as well as epidemiologists. The expert witnesses said that Harris's myeloma is a result of his exposure to diesel exhaust. To support this claim, the expert witness referenced numerous studies that demonstrated the connection between certain types of cancers and diesel exhaust. A reputable scientist, however has ever concluded that diesel exhaust is the reason of multiple myeloma.