Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are able to make lawsuits to claim compensation for their injuries. To be successful, the injured party must prove that the railroad was negligent in causing injury.
The evidence presented at the trial included the testimony of an toxicologist, who relied on various studies and relative risk factors to show Harris's myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
There is a link between benzene and 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) the chemical it is classified as a Group 1 carcinogen. This chemical can be found in diesel fumes and many railway workers are regularly exposed to it.
Railroad workers may also be exposed by cleaning products like CRC or Safety-Kleen. These cleaning products typically contain a particular type of benzene, namely the methylbenzene. When methylbenzene comes in contact with the 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 employees in personal injury lawsuits against their employers, under the FELA. A jury handed down $7.5 million to a former Chicago and North Western Railroad employee diagnosed with acute myeloid cancer after years of exposure.
Another instance involved the plaintiff who was diagnosed with multiple myeloma following working as an engineer of railroad signal maintenance for several years. Leukemia lawsuit claimed his condition was caused by exposure to diesel exhaust and benzene which he was exposed to while on the job. BNSF filed a summary judgment motion before the trial began, based on the claim that plaintiff knew or should have been aware that his cancer was caused by exposure to environmental hazards and chemicals while working for the railroad.
Creosote Exposure
Creosote, a toxic chemical used to preserve wood has been linked to various cancers, including skin cancer and scrotal carcinoma. Railroad workers who worked 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 lethal cancer than the general population.
In union pacific railroad lawsuit , an employee of a railroad filed suit after being diagnosed with multiple myeloma. He claimed that his exposure to diesel exhaust and other environmental hazards led to the development of cancer. The court decided that the plaintiff knew of the potential damage he could sustain from his work at the railroad, and could have learned about his injury through an extensive internet search before he was diagnosed. Because he failed to undertake this task the action is barred.
In a different case, the railroad won its defense verdict in a suit 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.
union pacific railroad lawsuit has also obtained defense verdicts for cases involving other types of cancers, like prostate and lung cancer. These cases were filed by former railroad workers who claimed their cancers were caused by exposure to toxic chemicals at work. The firm is prepared to analyze the facts of your case, and then explain your options.
Asbestos Exposure
Railroad employees may be exposed to asbestos while working. The exposure is most often experienced when workers handle railroad ties or repair or install railway equipment. Asbestos is known to cause lung cancer, mesothelioma and other maladies.
Ronald K. Harris, the plaintiff in a lawsuit against CSX Transportation claims that he contracted multiple myeloma because of his job at the railroad. Harris as per the suit, worked every day for CSX Transportation in its Laredo railroad yard. In the process, he inhaled "harmful toxic chemicals, agents, fumes and particles, and substances including but not only diesel exhaust creosote, welding fumes, carbon monoxide, phenols, dioxins and heavy metals."
We successfully defended our clients during a jury trial lasting two weeks, where it was alleged that repetitive bending and lifting while working as trackmen caused herniated disks in the lumbar area and permanent disability 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 a minimal award.
Environmental Exposure
Railroad workers are exposed to a range of chemicals in the environment. Based on the type of work done and the type of work, exposure to chemicals can cause a variety of health issues including multiple myeloma. If you or someone you love has been diagnosed with multiple myeloma as due to work on the railroad, call Parker Waichman to discuss your options.
In a recent case, a railroad employee was awarded $7.5 million by a jury for having been diagnosed with acute myeloid lymphoma and myelodysplastic syndrome (MDS). He filed a lawsuit against two major railroads, claiming that exposure to asbestos and diesel exhaust caused his health problems.
However the railroads filed an appeal based on summary judgment, which argued that the plaintiff was aware of fundamental facts and possible causes of his injuries at the time of his diagnosis. The court sided with the railroads and granted their motion concluding that the plaintiff had not made a reasonable inquiry to determine if his illness was due to his work at the railroad.
At trial the plaintiff offered expert testimony from an industrial hygiene specialist and epidemiologists. The expert witnesses claimed that Harris's myeloma was the result of his exposure to diesel exhaust. To prove this assertion the expert witness cited various studies that revealed the connection between certain types of cancer and diesel exhaust. However, no reputable scientist has ever concluded that diesel exhaust is the main cause of multiple myeloma.