Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers may claim compensation for injuries. To be successful, the injured person will need to prove that the railroad was negligent in causing the accident.
The evidence in the trial included the testimony of toxicologist who conducted different studies and risk factors to prove that Harris's multiple myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
Benzene exposure is associated with a variety of hematopoietic cancers 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 classification of benzene is Group 1 carcinogen. This chemical is found in diesel exhaust and fumes that many railroad workers are exposed to on a regular basis.
Railroad workers may also be exposed by cleaning products like CRC or Safety-Kleen. These types of cleaning agents typically contain a form of benzene called methylbenzene. The methylbenzene transforms into dioxin, a chemical when it comes into contact with water. Dioxins can cause lung cancer as well as other serious health issues.
Parker Waichman has successfully represented many railroad workers in personal injury lawsuits against their employers under FELA. For example the jury awarded a former Chicago and North Western Railroad worker $7.5 million for his diagnosis of acute myeloidleukemia after years of exposure to chemicals and solvents while working.
In another case the plaintiff was diagnosed with multiple lymphoma after many years of work as a railroad maintenance technician for signals. The plaintiff claimed that his condition was caused by exposure to diesel exhaust, as well as the benzene he encountered while working. Prior to railroad lawsuits of trial, BNSF filed a motion for summary judgment based on the notion that plaintiff knew or should have known that his cancer was related to his exposures to chemicals and environmental hazards while working for the railroad.
Creosote Exposure
A poisonous chemical that is used to preserve wood creosote has been associated with several cancers, including skin 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 has reported that workers who handle creosote face a higher risk of developing lethal cancer than the general population.
A recent court case where a railroad worker who was diagnosed with multiple myeloma alleges his exposure to diesel exhaust and other environmental hazards caused the cancer. The court ruled that the plaintiff was aware of the possibility of damage he could suffer from his work on railroads and could have found out about his injury by conducting a fairly thorough internet search prior to the time he was diagnosed. Since he did not make this effort his claim is time-barred.
In a different case the railroad won a defense decision in a suit filed in Philadelphia County by a former railroad employee. The plaintiff claimed that he was diagnosed with bladder cancer as a result of being exposed to smoke and other chemicals like diesel exhaust and creosote.
Parker Waichman has also secured defense verdicts in the cases involving other types of cancers, such as prostate and lung cancer, which was brought by former railroad workers who alleged that their cancers stemmed from years of exposure to toxic chemicals while working. The firm is prepared to review your case's facts and provide you with options.
Asbestos Exposure
Asbestos can be a problem for railroad workers. Workers are exposed to asbestos when they handle railroad ties, repair or install railway gear or work on railroad tracks. Asbestos exposure can result in mesothelioma or lung cancer and other diseases.
In a case brought against CSX Transportation, plaintiff Ronald K. Harris claims that he contracted multiple myeloma as a consequence of his work for the railroad. Harris according to the lawsuit, was employed every day by CSX Transportation in its Laredo railroad yard. In the process, he inhaled "harmful toxic chemicals, fumes, substances, particles, and other substances, including but not only diesel exhaust, welding fumes, creosote, phenols, carbon monoxide, dioxins and heavy metals."
We successfully defended our clients in the jury trial that lasted two weeks, in which it was alleged that repetitive lifting and bending while working as trackmen caused herniated discs in the lumbar region and an impairment of 25% which resulted in a loss of wage and pain and discomfort. The railroad was not found to be negligent, and the plaintiff received only a small amount.
Environmental Exposure
Railroad workers are exposed to a variety of environmental chemicals. Depending on the type of work done and the type of work, exposure to chemicals can cause a variety of health issues which include multiple myeloma. If you or someone you love has been diagnosed with multiple myeloma due to work on the railroad, you should contact Parker Waichman to discuss your options.
In a recent trial a railroad employee was awarded $7.5 million by a jury for having been diagnosed with acute myeloid lymphoma and myelodysplastic Syndrome (MDS). He sued two major railways in the claim that their exposure to diesel exhaust and asbestos caused his health issues.
However the railroads filed an appeal to a summary judgment, arguing that the plaintiff was aware of the essential facts and potential causes of his injury at the time of his diagnosis. The court sided with the railroads and granted their motion concluding that the plaintiff had not conducted a reasonable investigation to determine if the condition was due to his railroad employment.
At trial the plaintiff presented expert evidence from an industrial hygienist and epidemiologists. The expert witnesses stated that Harris's myeloma is a result of his exposure diesel exhaust. The expert witness provided numerous studies to support this assertion. These studies proved the connection between diesel exhaust and certain types of cancers. A reputable scientist, however has ever concluded that diesel exhaust to be the cause of multiple myeloma.