Multiple Myeloma Caused by Railroad Work
Under FELA, railroad workers can bring lawsuits to seek compensation for their injuries. However, in order to succeed in bringing a claim, the injured person must prove that the railroad's negligence was the cause of their injuries.
The evidence in the trial included testimony from an toxicologist, who relied on various studies and risk factors to establish that Harris's multiple myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
Exposure to benzene has been linked with 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, the chemical benzene is classified as a Group 1 Carcinogen. This 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 from cleaning products like Safety-Kleen as well as CRC. These cleaning agents contain a benzene type known as methylbenzene. The methylbenzene is converted to a chemical known as dioxin when it comes in contact with water. Dioxins can cause lung cancer and other serious health issues.
Parker Waichman has successfully represented numerous railroad workers in personal injury lawsuits 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 following years of exposure to solvents and chemicals on the job.
In another instance, a plaintiff was diagnosed with multiple lymphoma after many years of service as a railroad maintenance technician for signals. The plaintiff claimed that his condition was a result of exposure to diesel exhaust and benzene which he was exposed to while working. BNSF filed a summary judgment motion before the trial began on the idea that plaintiff knew or should have been aware 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 associated with several cancers, including skin and scrotal cancer. Railroad workers working on the maintenance and repair of railway ties are regularly exposed to this chemical. The National Toxicology Program has reported that workers who handle creosote have a higher risk of developing cancer lethal than the general population.
In a recent court case, railroad workers filed suit after being diagnosed with multiple myeloma. He claimed that occupational exposure to diesel exhaust and environmental hazards led to the development of cancer. The court decided that the plaintiff knew of the potential damage he could sustain from his railroad job and could have found out about his injuries by conducting an extensive internet search before the diagnosis came in. He failed to take the necessary steps and his case was deemed to be time-barred.
In a different case, the railroad won its defense verdict in a suit brought in Philadelphia County by an ex-railroad employee. The plaintiff claimed he developed bladder cancer due to his exposure to secondhand smoke and other chemicals, such as creosote and diesel exhaust.
Parker Waichman has also secured defense verdicts in cases that involve other types of cancers such as prostate and lung cancer, brought by other former railroad workers who claimed their cancers were caused by an exposure to toxic chemicals at work. The firm is ready to analyze the facts of your case and provide your options.
Asbestos Exposure
Asbestos is a concern for railroad workers. Workers are exposed to asbestos when they operate railroad ties, repair or install railway gear or work on railroad tracks. Asbestos exposure could cause mesothelioma, lung cancer, and other illnesses.
In a suit filed against CSX Transportation, plaintiff Ronald K. railroad cancer lawsuit claims that he developed multiple myeloma as a consequence of his work with the railroad. Harris, according to the suit, worked every day for CSX Transportation in its Laredo railroad yard. As a result Harris breathed in "harmful toxic chemicals, fumes, substances, particles, and substances which include but not including diesel exhaust, welding fumes, creosote, phenols, carbon monoxide, dioxins, and heavy metals."
We successfully defended our clients in an in-depth jury trial that lasted for two weeks, where it was claimed that the repetitive lifting and bending while working as trackmen led to herniated disks in the lumbar area and an impairment of 25% which resulted in a loss of wage and discomfort and pain. The railroad was found not to be negligent, and the plaintiff was awarded a modest award.
Environmental Exposure
Railroad workers are exposed a variety of environmental chemicals. Based on the kind of work they do this exposure can lead to numerous health problems, including multiple myeloma. Contact Parker Waichman if you or a family member has been diagnosed with myeloma after working on railways.
In a recent case, a railroad worker 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, claiming that exposure to asbestos and diesel exhaust caused his health issues.
However the railroads subsequently filed an appeal based on summary judgment, which argued that the plaintiff was aware of most important facts and potential causes of his injury at the time he was diagnosed. The court ruled in favor of the railroads' motion, concluding that the plaintiff was unable to conduct a reasonable inquiry into whether the condition was related to his employment at a railroad.
At trial, the plaintiff presented expert testimony from an industrial hygienist and epidemiologists. The expert witnesses stated Harris's myeloma was the result of his exposure diesel exhaust. The expert witness cited numerous studies to support this claim. These studies showed the connection between diesel exhaust and certain types of cancer. However, no credible scientist has ever concluded that diesel exhaust is the cause of multiple myeloma.