Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are able to sue to recover compensation for their injuries. However, in order to be successful in bringing a claim the injured person must prove that the railroad's negligence caused their injury.
The evidence presented during the trial included testimony of toxicologist who relied on different studies and relative risks to demonstrate that Harris’s multiple myeloma was caused by the exposure to diesel exhaust.
Benzene Exposure
The exposure to benzene can be linked to a range of hematopoietic tumors 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 it is classified as 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 by using cleaning products like Safety-Kleen and CRC. These cleaning products contain a type benzene known as methylbenzene. When methylbenzene comes into contact with the water, it's converted into a chemical called dioxin. Dioxins can cause lung cancer and other serious health issues.
Parker Waichman has represented railroad workers in personal injury cases against their employers under the FELA. A jury gave $7.5 million to an ex Chicago and North Western Railroad employee who was diagnosed with acute myeloid cancer after years of exposure.
Another case involved a plaintiff diagnosed with myeloma after working as an engineer in the maintenance of railroad signals for a number of years. He claimed his condition was the result of exposures to diesel exhaust and benzene that he was exposed to on the job. BNSF filed a summary judgment motion before the trial started on the idea that plaintiff knew or should have been aware that his cancer was caused by exposure to environmental hazards and chemicals while working for the railroad.
Creosote Exposure
A toxic chemical that is used as a wood preserver, creosote has been associated with various cancers, including skin and scrotal cancer. It is a frequent issue for railroad workers who work on the maintenance and repairs of railway ties. The National Toxicology Program has reported that workers who handle creosote have a greater chance of developing lethal cancer than the general population.
A recent court case in which a railroad worker filed suit after being diagnosed with myeloma, alleges his occupational exposures to diesel exhaust and other environmental hazards caused the cancer. The court decided that the plaintiff was aware of the potential negative effects of his work at the railroad and could have discovered the injury through a reasonably diligent internet search prior to the time when he was diagnosed. Because he failed to do this his action is deemed to be time-barred.
In a separate case, the railroad was successful in defending a verdict in a case filed in Philadelphia County by a former railroad employee. The plaintiff claimed that he was diagnosed with bladder carcinoma as a result being exposed to smoke and other chemicals such as diesel exhaust and creosote.
class action lawsuit against railroads has also secured defense verdicts in cases that involve other types of cancers such as prostate and lung cancer, brought by other former railroad workers who alleged that their cancers stemmed from an exposure to toxic chemicals on the job. The firm is ready to analyze the facts of your case and explain your options.
Asbestos Exposure
Railroad workers may be exposed to asbestos while working. This can happen when railroad workers work with railroad ties, or repair or install railway equipment. Asbestos exposure could cause mesothelioma, lung cancer and other illnesses.
In a case brought against CSX Transportation, plaintiff Ronald K. Harris claims that he was diagnosed with multiple myeloma because from his work for the railroad. Harris according to the lawsuit worked daily for CSX Transportation in its Laredo railroad yard. He breathed "harmful and toxic fumes, chemicals, and agents including but not restricted to diesel exhaust, welding fumes and creosote.
We successfully defended our client at an two-week jury trial in which it was alleged that the repetitive bending, lifting, and twisting during the course of work caused herniated lumbar disks and an indefinite disability of 25% resulting in lost wages and pain and suffering. The railroad was not found to be negligent, and the plaintiff received a minimal award.
Environmental Exposure
Railroad workers are exposed to various environmental chemicals. This exposure can lead to various health issues including multiple myeloma, based on the type and amount of the work. If you or someone you love has been diagnosed with multiple myeloma as because of work done on the railroad, call Parker Waichman to discuss your options.
In a recent trial an employee of a railroad was awarded $7.5 million by a jury after being diagnosed with acute myeloid leukemia and myelodysplastic Disorder (MDS). He sued two major railways, claiming their exposure to asbestos and diesel exhaust caused his health issues.
However the railroads filed a summary judgement motion, arguing that the plaintiff was aware of the essential facts and potential causes of his injury by the time he was diagnosed. The court agreed and granted the railroads' motion concluding that the plaintiff failed to make a reasonably diligent investigation into whether his illness was due to his employment at a railroad.
The plaintiff presented expert testimony during the trial of an industrial hygienist as well as epidemiologists. The expert witnesses claimed that Harris's myeloma arose as a result of his exposure to diesel exhaust. To support this claim the expert witness cited various studies that showed an association between certain types of cancers and diesel exhaust. But, no reputable scientist has ever claimed that diesel exhaust is the reason of multiple myeloma.