Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are able to sue to recover compensation for their injuries. However, to be successful in bringing a claim the injured worker must show that negligence on the part of railroad workers played a role in causing their injuries.
The evidence presented during the trial included the testimony of toxicologist who utilized different studies and risk factors to prove that Harris's multiple myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
It is linked to a number of 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 (IARC) the chemical benzene is classified as a Group 1 carcinogen. The chemical is present in diesel fumes, and many railway workers are regularly exposed to it.
Additionally, certain railroad workers are exposed to benzene through cleaning products such as Safety-Kleen and CRC. These kinds of cleaning products typically contain a type of benzene, namely methylbenzene. When methylbenzene comes in contact with water, it is converted into a chemical known as dioxin. Dioxins can cause lung cancer as well as other serious health issues.
Parker Waichman has successfully represented numerous railroad workers in personal injury cases against their employers under FELA. For example, a jury awarded an ex- Chicago and North Western Railroad worker $7.5 million for his diagnosis of acute myeloid leukemia following years of exposure to chemicals and solvents while working.
Another case involved one plaintiff who was diagnosed with multiple myeloma following working as an engineer for railroad signal maintenance for a number of years. He claimed his condition was caused from exposure to diesel exhaust as well as the benzene that he was exposed to on the job. Prior to the commencement of trial, BNSF filed a motion for summary judgment based on the notion that plaintiff knew or could have realized that his cancer was caused by the exposure to chemicals and environmental dangers during his employment at the railroad.
Creosote Exposure
Creosote, a toxic chemical used to preserve wood has been linked to several cancers including skin cancer and scrotal cancer. It is a frequent problem 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 greater risk than the general population of developing lethal forms of cancer.
In the recent court case, a railroad worker sued after being diagnosed with multiple myeloma. He claimed that exposure to diesel exhaust and other environmental dangers caused cancer. The court decided that the plaintiff was aware of the dangers he might suffer from his railroad job and could have discovered about his condition by conducting an exhaustive search on the internet when he was diagnosed. He did not do so and his action was deemed to be time-barred.
In a separate instance, the railroad was successful in defending its verdict in a suit filed in Philadelphia County by an ex-railroad worker. The plaintiff claimed that he was diagnosed with bladder carcinoma as a result being exposed 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 employees, who claimed their cancers were caused by a lifetime exposure to toxic chemicals at work. The firm is available to review your case facts and present your options.
Asbestos Exposure
Railroad employees can be exposed to asbestos while working. This is often the case when railroad workers work with railroad ties, or repair or install railway equipment. Asbestos exposure can cause mesothelioma, lung cancer, as well as other ailments.
Ronald K. Harris, the plaintiff in a lawsuit brought against CSX Transportation claims that he contracted multiple myeloma because of his work at the railroad. Harris, according to the lawsuit, worked on a daily basis for CSX Transportation in its Laredo railroad yard. He inhaled "harmful and toxic substances, fumes and chemicals including, but not limited to diesel exhaust, welding fumes and creosote.
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 during the course of work caused lumbar disc herniation and an indefinite disability of 25% which resulted in loss of wages and pain and suffering. The railroad was found not to be negligent, and the plaintiff received a minimal award.
class action lawsuit against norfolk southern railroad are exposed a variety of environmental chemicals. This exposure can trigger a variety of health problems including multiple myeloma, depending on the nature and severity of the work. If you or a loved one has been diagnosed with multiple myeloma as due to work on the railroad, call Parker Waichman to discuss your options.
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 filed a lawsuit against two major railroads in the claim that their 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 he was aware of all the factors and causes of his injury. The court agreed with the railroads and granted their motion, concluding that the plaintiff hadn't conducted a reasonable investigation to determine if the condition was related to his railroad employment.
At trial the plaintiff presented expert testimony from an industrial hygiene specialist and epidemiologists. The expert witnesses claimed Harris's myeloma was a result of his exposure to diesel exhaust. In support of this claim the expert witness cited various studies that revealed a correlation between certain types of cancer and diesel exhaust. A reputable scientist, however has ever claimed that diesel exhaust is the reason of multiple myeloma.