Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are entitled to file lawsuits to recover compensation for their injuries. To make a claim that is successful, the injured person must prove that negligence on the part of the railroad contributed to their injury.
The evidence in the trial included the testimony of an toxicologist, who relied on different studies and risk factors to prove that Harris's myeloma had been caused by his exposure to diesel exhaust.
Benzene Exposure
The exposure to benzene can be linked to 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 the classification of benzene is Group 1 carcinogen. This chemical is present in diesel exhaust and fumes, which many railroad workers are exposed to on a daily routine.
Some railroad workers are exposed to cleaning products such as CRC or Safety-Kleen. These cleaning agents contain a benzene type known as methylbenzene. When methylbenzene gets into contact with water, it transforms into a chemical known as dioxin. Dioxins are chemicals that can trigger various serious health problems such as lung cancer.
Parker Waichman has represented railroad employees in personal injury lawsuits against their employers, under the FELA. For instance the jury awarded a former Chicago and North Western Railroad worker $7.5 million for the diagnosis of acute myeloidleukemia after years of exposure to chemicals and solvents on the job.
Another instance involved a plaintiff who was diagnosed with multiple myeloma while working as a railroad signal maintenance engineer for a period of time. The plaintiff claimed that his condition was caused by exposure to diesel exhaust, as well as benzene exposure he experienced during his job. Prior to the start of trial, BNSF filed a motion for summary judgment based upon the idea that plaintiff should have known that his cancer was related to the exposure to chemicals and environmental hazards during his railroad employment.
Creosote Exposure
A toxic chemical used to preserve wood creosote has been linked to various cancers including skin and scrotal cancer. This substance is often a issue for railroad workers working on the maintenance and repair of railway ties. The National Toxicology Program reported that workers who handled creosote had greater risk than the general population of developing fatal forms of cancer.
A recent court case in which a railroad employee who was diagnosed with multiple myeloma alleges his exposure to diesel exhaust as well as other environmental hazards caused the cancer. The judge determined that the plaintiff was aware of the potential harm from his railroad work and could have discovered his injury through a reasonably diligent internet search prior to the time when he was diagnosed. He was not able to undertake the search and his claim was deemed to be time-barred.
In a different case, the railroad was successful in defending its verdict in a suit brought in Philadelphia County by an ex-railroad employee. The plaintiff claimed that he was diagnosed with bladder carcinoma as a result the exposure he received to smoke, other chemicals such as diesel exhaust and creosote.
Parker Waichman has also obtained defense verdicts in cases that involve other types cancers, like prostate and lung cancer. These cases were brought by former railroad employees who claimed their cancers were due to a lifetime exposure to toxic chemicals at work. The firm is ready to examine the facts of your case and provide your options.
Asbestos Exposure
Asbestos may pose a health risk for railroad workers. Workers are exposed to asbestos when they work with railroad ties, repair or install railway gear, or work on railroad ties. Asbestos can cause mesothelioma and lung cancer and other illnesses.
Ronald K. Harris, the plaintiff in a lawsuit brought against CSX Transportation claims that he contracted multiple myeloma due to his work with the railroad. Harris, according to the lawsuit, was employed every day by CSX Transportation in its Laredo railroad yard. Harris breathed "harmful and toxic substances, fumes and chemicals including but not limited to diesel exhaust, welding fumes, and creosote.
Interstitial lung disease lawsuit defended our clients during a jury trial lasting two weeks, where it was alleged that repetitive bending and lifting while working as trackmen led to herniated disks in the lumbar region, causing permanent disability of 25% that resulted in loss of wages as well as discomfort and pain. The railroad was found not to be negligent and the plaintiff was awarded a small award.
Environmental Exposure
Railroad workers are exposed to a variety of environmental chemicals. Depending on the type of work that is performed this exposure can cause health issues of a variety which include multiple myeloma. If you or a loved one has been diagnosed with multiple myeloma as because of work done on the railroad, contact Parker Waichman to discuss your options.
In a recent court case, a railroad employee was awarded $7.5 million by a jury for having been diagnosed with acute myeloid leukemia and myelodysplastic syndrome (MDS). He filed a lawsuit against two major railroads, alleging that their exposure to diesel exhaust and asbestos led to his health issues.
The railroads filed a motion for summary judgment asserting that at the time of the plaintiff's diagnosis it was aware of the factors and causes of his injury. The court sided with the railroads and granted their motion concluding the plaintiff had not made a reasonable inquiry to determine if his condition was connected to his railroad work.
In the courtroom, the plaintiff presented expert testimony from an industrial hygiene specialist and epidemiologists. The expert witnesses claimed that Harris's myeloma is a result of his exposure diesel exhaust. To prove this claim, the expert witness referenced numerous studies that demonstrated that there was a link between certain kinds of cancers and diesel exhaust. No reputable scientist, however, has ever concluded diesel exhaust is the source of multiple myeloma.
