Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers may sue for compensation for injuries. However, to succeed in bringing a claim, the injured worker must show that negligence on the part of the railroad contributed to their injury.
The evidence presented at the trial included testimony from a toxicologist, who used various studies and relative risk factors to show that Harris's myeloma had been caused by his exposure to diesel exhaust.
Benzene Exposure
It is linked to several 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, the chemical benzene is classified as a Group 1 Carcinogen. The chemical is found in diesel fumes and exhaust that many railroad workers are exposed to on a regular routine.
Furthermore, some railroad employees are also exposed to benzene from cleaning products like Safety-Kleen and CRC. These cleaning products contain a type benzene known as methylbenzene. The methylbenzene is converted to dioxin, a chemical when it comes in contact with water. Dioxins can cause lung cancer as well as other serious health problems.
Parker Waichman has represented railroad workers in personal injury cases against their employers, as part of the FELA. For example the jury awarded a former Chicago and North Western Railroad worker $7.5 million for the diagnosis of acute myeloid leukemia after years of exposure to solvents and chemicals on the job.
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. The plaintiff claimed that his illness was the result of exposures to diesel exhaust and benzene that he experienced while working. Before the beginning of trial, BNSF filed a motion for summary judgment based on the notion that plaintiff could have realized that his cancer was due to exposure to chemicals and environmental hazards while working for the railroad.
Creosote Exposure
A poisonous chemical that is used to preserve wood, creosote has been associated with various cancers, including skin and scrotal cancer. Creosote is a common problem for railroad workers who work on the maintenance and repair of railway ties. The National Toxicology Program reported that those who handled creosote were at more risk than general population of developing lethal forms of cancer.
A recent court case in which a railway worker filed suit after being diagnosed with multiple myeloma alleges his exposure to diesel exhaust and other environmental toxins caused the cancer. The court ruled that the plaintiff was aware of the possibility of dangers posed by his work in the railroad and might have discovered his injuries through a reasonably thorough internet search prior to the time he was diagnosed. Since he did not take this step the action is barred.
In a different case, the railroad won its defense verdict in a suit filed in Philadelphia County by an ex-railroad employee. The plaintiff claimed that he had developed bladder cancer as a result of the exposure he received to smoke, as well as other chemicals such as diesel exhaust and creosote.
Parker Waichman has also obtained defense verdicts for cases involving other types of cancers, including prostate and lung cancer. These cases were filed by former railroad workers who claimed their cancers had been resulted from a lifetime exposure to toxic chemicals at work. The firm is ready to review the details of your case and provide your options.
Asbestos Exposure
Asbestos is a concern for railroad workers. This is often the case when workers manage railroad ties or repair or install railway equipment. Asbestos exposure can cause mesothelioma or lung cancer and other diseases.
In a case filed against CSX Transportation, plaintiff Ronald K. Harris alleges that he developed multiple myeloma as a consequence of his employment with the railroad. Harris according to the lawsuit, was employed every day by CSX Transportation in its Laredo railroad yard. As a result Harris inhaled "harmful chemicals, toxic agents, fumes and particles, and substances that include but are not limited to diesel exhaust, welding fumes, creosote, carbon monoxide, phenols dioxins, and heavy metals."
We successfully defended our client during the two-week trial of a jury 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 suffering and pain. The railroad was not found to be negligent, and the plaintiff received a minimal award.
railroad controls limited lawsuit are exposed a variety of environmental chemicals. Based on the type of work that is performed and the type of work, exposure to chemicals can 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 railways.
In a recent trial, an employee of a railroad was awarded $7.5 million by a juror for being diagnosed with acute myeloid leukemia and myelodysplastic Syndrome (MDS). He filed a lawsuit against two major railroads for claiming that exposure to diesel exhaust and asbestos caused health issues.
The railroads filed a motion for summary judgement in which they claimed that at the time of the plaintiff's diagnosis, he was aware of all the factors and causes of his injury. The court sided with the railroads and granted their motion, concluding that the plaintiff hadn't conducted a reasonable investigation to determine if his condition was connected to his railroad work.
The plaintiff offered expert testimony in the trial of an industrial hygienist as well as epidemiologists. The expert witnesses said that Harris's myeloma is a result of his exposure diesel exhaust. In support of this claim, the expert witness referenced various studies that showed an association between certain types of cancers and diesel exhaust. However, no reputable scientist, has ever concluded diesel exhaust to be the cause of multiple myeloma.