Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers may sue to recover compensation for injuries. To be successful, the injured party will have to prove the railroad was negligent in causing the injury.
The evidence presented during the trial included the testimony from toxicologist who relied on different studies and relative risks to prove that Harris's multiple myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
Benzene is linked to many hematopoietic tumours which include Acute Myeloid Leukemia(AML), Acute Non-Lymphocytic Leukemia(ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer, benzene is a Group 1 Carcinogen. The chemical is found in diesel exhaust and fumes which many railroad workers are exposed to on a regular routine.
Additionally, certain railroad workers are also exposed to benzene via cleaning products such as Safety-Kleen and CRC. These cleaning products contain a benzene type known as methylbenzene. When methylbenzene comes into contact with the water, it's transformed into a chemical known as dioxin. lung cancer mesothelioma lawsuit can cause lung cancer as well as other serious health problems.
Parker Waichman has successfully represented numerous railroad employees in personal injury cases against their employers under FELA. A jury handed down $7.5 million to an ex Chicago and North Western Railroad employee who was diagnosed with acute myeloid cancer following years of exposure.
In another instance the plaintiff was diagnosed with multiple lymphoma following many years of service as a railway maintenance technician for signals. He claimed his condition was caused by exposure to diesel exhaust and by benzene he had experienced during his job. Prior to the beginning of trial, BNSF filed a motion for summary judgment based on the notion that plaintiff was aware or ought to have known that his cancer was due to his exposures to chemicals and environmental hazards while working for the railroad.
Creosote Exposure
A poisonous chemical that is that is used as a wood preserver creosote has been associated with various cancers, including skin and scrotal cancer. Railroad workers who work on the maintenance and repair of railway ties are frequently exposed to this substance. The National Toxicology Program reported that workers who handled creosote had greater risk than the general public of developing lethal forms of cancer.
A recent court case in which a railroad employee sued after he was diagnosed with multiple myeloma alleges the exposure to diesel exhaust and other environmental hazards caused the cancer. The court found that the plaintiff knew of the potential dangers he might suffer from his railroad job and could have learned about his injury through an exhaustive search on the internet when he was diagnosed. He failed to do so and the case is now barred.
In a different case the railroad won a defense verdict in a lawsuit filed in Philadelphia County by a former railroad worker. The plaintiff claimed that he had developed bladder cancer due to his occupational exposure to smoke, other chemicals such as diesel exhaust, and creosote.
Parker Waichman has also obtained defense verdicts for cases involving different types of cancers, like prostate and lung 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 prepared to analyze the facts of your case and provide your options.
Asbestos Exposure
Railroad employees may be exposed to asbestos during their job. The exposure is most often experienced when workers are handling railroad ties or repair or install railway equipment. Asbestos exposure could cause mesothelioma, lung cancer and other illnesses.
Ronald K. Harris, the plaintiff in a lawsuit against CSX Transportation claims that he contracted multiple myeloma because of his work at the railroad. Harris as per the suit, worked every day for CSX Transportation in its Laredo railroad yard. He breathed "harmful and toxic chemicals, agents and fumes including, but not limited to diesel exhaust, welding fumes and creosote.
We successfully represented our client in a two-week jury trial in which it was alleged that the repetitive bent, lifting and twisting while working as a trackman caused herniated discs in the lumbar region and an indefinite disability of 25% which resulted in loss of wages and suffering and pain. BNSF Railway lawsuit was not found to be negligent, and the plaintiff received a minimal award.
Environmental Exposure
Railroad workers are exposed various environmental chemicals. Depending on the type of work that is performed the exposure could lead to numerous health problems such as multiple myeloma. Contact Parker Waichman if you or a family member has been diagnosed with myeloma due to working on the railroad.
In csx railroad lawsuit , a railroad worker was awarded $7.5 million from an appeals court after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He filed a lawsuit against two major railroads in the claim that their exposure to asbestos and diesel exhaust caused health issues.
However, the railroads filed an appeal based on summary judgment, which argued that the plaintiff was aware of the crucial facts and the possible causes of his injuries at the time of his diagnosis. The court ruled in favor of the railroads' motion concluding that plaintiff failed to conduct a reasonable inquiry into whether the illness was due to his railroad employment.
In the courtroom the plaintiff presented expert evidence from an industrial hygienist and epidemiologists. The expert witnesses claimed that Harris's myeloma was a result of his exposure to diesel exhaust. The expert witness referenced a variety of studies to prove this. These studies proved an association between diesel exhaust and certain types of cancer. There is no credible scientist, however, has ever concluded diesel exhaust to be the cause of multiple myeloma.