Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers can sue to recover compensation for injuries. However, in order to succeed in bringing a claim, the injured party must prove that negligence on the part of railroad workers contributed to their injuries.
The evidence presented at the trial included testimony of toxicologist who relied on different studies and the relative risk to prove that Harris's multiple myeloma was triggered by his exposure to diesel exhaust.
Benzene Exposure
It is linked to many hematopoietic tumours, including Acute Myeloid Leukemia(AML), Acute Non-Lymphocytic Leukemia(ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer (IARC), it is classified as a Group 1 carcinogen. The chemical is found in diesel fumes and exhaust that many railroad workers are exposed to on a regular on a regular.
Some railroad workers are exposed by cleaning products such as Safety-Kleen or CRC. These types of cleaning agents typically contain a form of benzene known as methylbenzene. The methylbenzene can be converted into a chemical known as dioxin when it comes in contact with water. Dioxins can cause lung cancer as well as other serious health problems.
Parker Waichman has successfully represented many railroad workers in personal injury claims against their employers under FELA. A jury awarded $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 myeloma after working as an engineer for railroad signal maintenance for a period of time. He claimed his condition was caused from exposure to diesel exhaust, as well as the benzene he encountered while working. Prior to the commencement of trial, BNSF filed a motion for summary judgment based on the idea that plaintiff knew or should have known his cancer was due to the exposure to chemicals and environmental dangers while working in the railroad.
Creosote Exposure
Creosote is a toxic chemical used to preserve wood has been linked to various cancers, including skin cancer and scrotal cancer. Railroad workers who work on the maintenance and repair of railway ties are often exposed to this substance. The National Toxicology Program has reported that those who handle creosote face a higher risk of developing cancer that is fatal than the general population.
A recent court case where a railroad worker who was diagnosed with multiple myeloma alleges his occupational exposures to diesel exhaust and other environmental dangers caused the cancer. The court decided that the plaintiff was aware of any potential damage he could incur due to his job at the railroad and could have found out about his injuries by conducting an exhaustive internet search prior to when he was diagnosed. He did not do so and his claim is now barred.
In a separate case, the railroad was able to win a defense verdict in a lawsuit brought in Philadelphia County by a former railroad worker. The plaintiff claimed that he had developed bladder cancer as a result of his occupational exposure to smoke and other chemical substances such as diesel exhaust and creosote.
Parker Waichman has also obtained defense verdicts for cases involving other types of cancers, including prostate and lung cancer. These cases were brought by former railroad workers, who claimed their cancers were caused by exposure to toxic chemicals at work. The firm is ready to examine the facts of your case and discuss your options.
Asbestos Exposure
Asbestos may pose a health risk for railroad employees. This is often the case when railroad workers work with railroad ties or repair or install railway equipment. Asbestos exposure can cause mesothelioma or lung cancer and other diseases.
Ronald K. Harris, the plaintiff in a lawsuit against CSX Transportation claims that he contracted multiple myeloma through his job at the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a regular basis. As mesothelioma lawsuit , he inhaled "harmful chemicals, toxic agents, fumes, particles, and other substances which include but not restricted to diesel exhaust, welding fumes, creosote, carbon monoxide, phenols dioxins, and heavy metals."
We successfully defended our clients in a jury trial lasting two weeks, where it was alleged that repetitive lifting and bending as trackmen resulted in herniated disks in the lumbar region, causing an injury that caused a 25% disability for the rest of his life resulting in lost wage as well as pain and discomfort. The railroad was found to not be negligent and the plaintiff was awarded only a small amount.
Environmental Exposure
Railroad workers are exposed a number of different environmental chemicals. Depending on the kind of work they do the exposure could cause health issues of a variety which include multiple myeloma. If you or someone you love has been diagnosed with multiple myeloma as a result of work on the railroad, call Parker Waichman to discuss your options.
In a recent instance, a railroad worker received $7.5 million from a jury after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railroads, claiming that their exposure to diesel exhaust and asbestos caused his health issues.
However the railroads filed a summary judgement motion, arguing that the plaintiff was aware of crucial facts and the possible reasons for his injury at the time of his diagnosis. The court ruled in favor of the railroads' motion concluding that the plaintiff was unable to make a reasonably diligent inquiry into whether the health condition was related to his railroad work.
The plaintiff presented expert testimony in the trial of an industrial hygienist as as epidemiologists. Expert witnesses stated that Harris's myeloma is the result of his exposure to diesel exhaust. To support this claim, the expert witness referenced several studies that proved the connection between certain types of cancers and diesel exhaust. However, no reputable scientist has ever claimed that diesel exhaust is a cause of multiple myeloma.