Multiple Myeloma Caused by Railroad Work
Under FELA railroad employees can bring lawsuits to seek compensation for their injuries. However, to succeed in bringing a claim, the injured party must prove that negligence by the railroad caused their injuries.
The evidence in the trial included the testimony of an toxicologist, who relied on various studies and relative risk factors to establish that Harris's myeloma had been caused by his exposure to diesel exhaust.
Benzene Exposure
Benzene is linked to many hematopoietic tumours which include Acute Myeloid Leukemia(AML), Acute Non-Lymphocytic Leukemia(ANLL) and Multiple Myeloma. According to Bladder cancer lawsuit for Research on Cancer, the chemical benzene belongs to the Group 1 Carcinogen. This chemical is found in diesel exhaust and fumes which railroad workers are exposed to on a daily on a regular.
Furthermore, some railroad employees are also exposed to benzene by using cleaning products such as Safety-Kleen and CRC. These cleaning products typically contain a kind of benzene, namely the methylbenzene. The methylbenzene is converted to a chemical known as dioxin when it comes in contact with water. Dioxins can cause lung cancer as well as other serious health issues.
Parker Waichman has successfully represented numerous railroad employees in personal injury cases against their employers under FELA. For instance the jury awarded an ex- 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 one plaintiff who was diagnosed with multiple myeloma after working as a railroad signal maintenance engineer for a number of years. He claimed his condition was a result of exposure to diesel exhaust and benzene which he was exposed to while working. Prior to the beginning of trial, BNSF filed a motion for summary judgment based on the idea that plaintiff ought to have known that his cancer was caused by his exposures to chemicals and environmental hazards while working for the railroad.
Creosote Exposure
Creosote is a toxic chemical used to preserve wood, has been linked with various cancers, including skin cancer and scrotal cancer. Railroad workers working on the maintenance and repair of railway ties are regularly exposed to this chemical. The National Toxicology Program reported that workers who handled creosote had more risk than general public of developing lethal forms of cancer.
In an upcoming court case, railroad workers filed suit after being diagnosed with multiple myeloma. He claimed that occupational exposure to diesel exhaust and other environmental dangers caused cancer. The court decided that the plaintiff was aware of any potential damage he could incur from his railroad job and could have found out about his condition by conducting an exhaustive internet search prior to when he was diagnosed. He did not undertake the search and the case is now time-barred.
In a separate case, the railroad won a defense verdict in a case filed in Philadelphia County by a former railroad employee. The plaintiff claimed that he had developed bladder cancer as a result of being exposed to smoke, as well as other chemicals like diesel exhaust and creosote.
Parker Waichman has also secured defense verdicts in cases involving different types of cancers including prostate and lung cancer, brought by other former railroad workers who alleged their cancers were a result of the constant exposure to toxic chemicals on the job. The firm is ready to analyze the facts of your case and discuss your options.
Asbestos Exposure
Railroad workers may be exposed to asbestos while working. This exposure often occurs when workers handle railroad ties or repair or install railway equipment. Asbestos exposure can result in mesothelioma, lung cancer as well as other ailments.
Ronald K. Leukemia lawsuit , 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. In the process the worker breathed "harmful chemical substances, toxic chemicals, agents, fumes and particles, and substances, including but not only diesel exhaust, welding fumes, creosote, carbon monoxide, phenols, dioxins and heavy metals."
We successfully represented our clients in a jury trial lasting two weeks, in which it was alleged repetitive bending and lifting while working as trackmen led to herniated disks in the lumbar region. This resulted in an injury that caused a 25% disability for the rest of his life leading to loss of earnings and pain and discomfort. The railroad was not found to be negligent, and the plaintiff was awarded a modest award.
Environmental Exposure
Railroad workers are exposed a range of chemicals in the environment. This exposure can lead to many health issues such as multiple myeloma. This is based on the nature and severity of the work. Contact Parker Waichman if you or a family member has been diagnosed with myeloma following working on railways.
In a recent case railroad workers received $7.5 million from a jury after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. Bladder cancer lawsuit filed a lawsuit against two major railroads for claiming that exposure to asbestos and diesel exhaust caused health issues.
However the railroads subsequently filed an appeal based on summary judgment, which argued that the plaintiff was aware of crucial facts and the possible causes of his injury at the time of his diagnosis. The court sided with the railroads and granted their motion, concluding that the plaintiff has not made a reasonable inquiry to determine if his illness was connected to his railroad employment.
At trial, the plaintiff presented expert evidence from an industrial hygienist and epidemiologists. The expert witnesses claimed that Harris's myeloma may be the result of his exposure diesel exhaust. To support this assertion, the expert witness referenced several studies that proved the connection between certain types of cancers and diesel exhaust. There is Leukemia lawsuit , however, has ever concluded diesel exhaust is the cause of multiple myeloma.