Multiple Myeloma Caused by Railroad Work
Under FELA, railroad workers can make lawsuits to claim compensation for their injuries. To be successful, the injured worker will need to prove that the railroad was negligent in causing the accident.
The evidence presented during the trial included testimony from toxicologist who utilized different studies and risk ratios to establish that Harris's multi myeloma had been caused by the exposure to diesel exhaust.
Benzene Exposure
The exposure to benzene can be linked to a range of hematopoietic tumors, including Acute Myeloid Leukemia (AML), Acute Non-Lymphocytic Leukemia (ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer, the chemical benzene belongs to the Group 1 Carcinogen. This chemical is found in diesel exhaust and fumes which many railroad workers are exposed to on a regular routine.
Some railroad workers are exposed by cleaning products such as CRC or Safety-Kleen. These cleaning agents contain a benzene type known as methylbenzene. The methylbenzene transforms into a chemical known as dioxin when it comes in contact with water. Dioxins are substances that can lead to various serious health problems, including lung cancer.
Parker Waichman has successfully represented numerous railroad employees in personal injury cases against their employers under FELA. A jury awarded $7.5 million to a former Chicago and North Western Railroad employee who was diagnosed with acute myeloid carcinoma after years of exposure.
In a different case the plaintiff was diagnosed with multiple lymphoma resulting from many years of service as a railway maintenance technician for signals. He alleged his condition was the result of exposures to benzene and diesel exhaust which he was exposed to while working. Prior to the start of trial, BNSF filed a motion for summary judgment based on the notion that plaintiff was aware or should have known his cancer was due to his exposures to chemicals and environmental hazards while working for the railroad.
Creosote Exposure
Creosote, a poisonous chemical used to preserve wood, has been linked with various cancers, including skin cancer and scrotal cancer. This chemical is often a problem for railroad workers who work on the maintenance and repairs of railway ties. 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 railway worker sued after he was diagnosed with multiple myeloma. The case alleged that his occupational exposures to diesel exhaust and other environmental dangers caused the cancer. The judge ruled that the plaintiff was aware of the possibility of negative effects of his work at the railroad and could have discovered his injury by conducting a fairly thorough internet search at the time he was diagnosed. Since he did not do this, his action is time-barred.
In a different case, the railroad was able to win a defense decision in a suit filed in Philadelphia County by a former railroad employee. The plaintiff claimed that he developed bladder cancer due to the exposure he received from secondhand smoke and other toxic chemicals, such as creosote and diesel exhaust.
Parker Waichman has also secured defense verdicts in cases that involve other types of cancers including lung and prostate cancer, brought by other former railroad employees who claimed their cancers were a result of an exposure to harmful chemicals on the job. The firm is ready to review the facts of your case and explain your options.
Asbestos Exposure
Railroad employees may be exposed to asbestos while working. The exposure is most often experienced when railroad workers work with railroad ties, or repair or install railway equipment. Asbestos exposure can cause mesothelioma, lung cancer and other illnesses.
Ronald K. Harris, the plaintiff in a lawsuit against CSX Transportation claims that he was diagnosed with multiple myeloma as a result of his work at the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a daily basis. In the process Harris breathed in "harmful toxic chemicals, agents, fumes, particles, and substances including but not including diesel exhaust, welding fumes, creosote, phenols, carbon monoxide, dioxins, and heavy metals."
We successfully defended our client during an two-week jury trial in which it was alleged that the repetitive bending, lifting, and twisting when working as a trackman caused herniated lumbar disks and a 25% permanent disability resulting in lost wages and pain and suffering. The railroad was not found to be negligent and the plaintiff was awarded a small award.
Environmental Exposure
Railroad workers are exposed various environmental chemicals. This exposure can cause a variety of health problems such as multiple myeloma. This is based on the type and amount of the work. If you or a loved one has been diagnosed with multiple myeloma as a result of work on the railroad, call Parker Waichman to discuss your options.
In a recent case, an employee of a railroad was awarded $7.5 million by a jury for having been diagnosed with acute myeloid lymphoma and myelodysplastic Syndrome (MDS). He sued two major railroads, claiming that their exposure to asbestos and diesel exhaust led to his health issues.
The railroads filed a motion for summary judgment arguing that at the time of the plaintiff's diagnosis, the plaintiff was aware of the circumstances and causes of his injury. The court ruled in favor of the railroads' motion, concluding that the plaintiff had failed to conduct a reasonable investigation into whether his health condition was related to his employment at a railroad.
In the courtroom the plaintiff offered expert testimony from an industrial hygiene specialist and epidemiologists. Expert witnesses stated Harris's myeloma was the result of his exposure diesel exhaust. To prove class action lawsuit against union pacific railroad cited various studies that showed that there was a link between certain kinds of cancer and diesel exhaust. However, no reputable scientist has ever concluded that diesel exhaust is the reason of multiple myeloma.