Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers can claim compensation for injuries. To be successful, the injured worker must prove the railroad was negligent in causing injury.
The evidence presented at the trial included testimony from toxicologist who relied on different studies and relative risks to demonstrate that Harris’s multiple myeloma was caused by his exposure diesel exhaust.
Benzene Exposure
Benzene exposure is associated with a variety of hematopoietic cancers, 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 is classified as a Group 1 Carcinogen. This chemical is found in diesel fumes, and railroad workers are regularly exposed to it.
Railroad workers may also be exposed by cleaning products like CRC or Safety-Kleen. These cleaning products contain a specific benzene known as methylbenzene. The methylbenzene transforms into a chemical known as dioxin when it comes in contact with water. Dioxins belong to a group of chemicals that can trigger numerous health problems including lung cancer.
Parker Waichman has successfully represented numerous railroad employees in personal injury lawsuits 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.
Another case involved a plaintiff who was diagnosed with multiple myeloma following working as an engineer in the maintenance of railroad signals for a period of time. He alleged his condition was caused by exposure to diesel exhaust and benzene that he was exposed to on the job. Before the beginning of trial, BNSF filed a motion for summary judgment based upon 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
A poisonous chemical that is that is used as a wood preservative, creosote has been associated with various cancers, including scrotal and skin cancer. It is a frequent problem for railroad workers working on the maintenance and repairs of railway ties. The National Toxicology Program reported that workers who handled creosote had more risk than general population of developing lethal forms of cancer.
A recent court case in which a railroad employee filed suit after being diagnosed with multiple myeloma alleges his occupational exposures to diesel exhaust and other environmental toxins caused the cancer. The court decided that the plaintiff was aware of the damage he could sustain from his work at the railroad, and could have discovered about his injury through an exhaustive internet search prior to when he was diagnosed. He did not undertake the search and the case is now barred.
In a different instance, the railroad won a defense verdict in a case filed in Philadelphia County by a former railroad worker. The plaintiff claimed that he had developed bladder carcinoma as a result his exposure to smoke, other chemicals like diesel exhaust and creosote.
Parker Waichman has also secured defense verdicts in cases involving other types of cancers such as prostate and lung cancers, which were brought by former railroad employees who claimed that their cancers stemmed from the constant exposure to toxic chemicals while working. The firm is ready to review the details of your case and provide your options.
Asbestos Exposure
Railroad employees can be exposed to asbestos while working. This exposure often occurs when workers handle railroad ties or repair or install railway equipment. Asbestos can cause mesothelioma, lung cancer, as well as other ailments.
In a suit filed against CSX Transportation, plaintiff Ronald K. Harris alleges that he developed multiple myeloma because of his employment with the railroad. railroad lawsuits as per the lawsuit, was employed every day by CSX Transportation in its Laredo railroad yard. Harris breathed "harmful and toxic chemicals, agents and fumes including but not limited diesel exhaust, welding fumes, and creosote.
We successfully defended our clients in an in-depth jury trial that lasted for two weeks, in which it was claimed that repetitive bending and lifting while working as trackmen led to herniated disks in the lumbar region. This resulted in an impairment of 25% resulting in lost wage as well as discomfort and pain. The railroad was found not to be negligent, and the plaintiff received a modest award.
Environmental Exposure
Railroad workers are exposed a number of different environmental chemicals. Based on the type of work done the exposure could cause a variety of health issues including multiple myeloma. Contact Parker Waichman if you or a family member has been diagnosed with myeloma after working on the railroad.
In a case that was recently heard, an employee of a railroad received $7.5 million from an appeals court after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railways, claiming their exposure to asbestos and diesel exhaust caused health issues.
The railroads filed an appeal for summary judgment arguing that at the time of the plaintiff's diagnosis, the plaintiff was aware of the details and causes of the injury. The court ruled in favor of the railroads' motion concluding that the plaintiff failed to conduct a reasonable inquiry into whether the condition was connected to his employment at a railroad.
The plaintiff gave expert testimony in the trial of an industrial hygienist as well as epidemiologists. Expert witnesses stated that Harris's myeloma is the result of his exposure diesel exhaust. The expert witness provided numerous studies to back this claim. These studies showed an association between diesel exhaust and certain types of cancer. However, no respected scientist has ever concluded that diesel exhaust is the reason of multiple myeloma.