Multiple Myeloma Caused by Railroad Work
Under FELA railroad employees can bring lawsuits to seek compensation for their injuries. However, in order to succeed in bringing a claim, the injured worker must prove that negligence on the part of railroad workers was the cause of their injuries.
The evidence presented during the trial included the testimony from toxicologist who relied on different studies and relative risks to prove that Harris's multiple myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
There is a link between benzene and various hematopoietic cancers that 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 found in diesel fumes and railroad workers are exposed to it.
Some railroad workers are also exposed by cleaning products like Safety-Kleen or CRC. cancer lawsuit of cleaning agents typically contain a particular type of benzene called methylbenzene. When methylbenzene is in contact with water, it transforms into a chemical known as dioxin. Dioxins are a group of substances that can cause many serious health problems which include lung cancer.
Parker Waichman has successfully represented numerous railroad workers in personal injury cases against their employers under FELA. A jury awarded $7.5 million to an ex- Chicago and North Western Railroad employee diagnosed with acute myeloid cancer after years of exposure.
Another instance involved one plaintiff who was diagnosed with multiple myeloma after working as an engineer of railroad signal maintenance for several years. He alleged his condition was caused by exposures to benzene and diesel exhaust that he encountered working. BNSF filed an appeal to dismiss the summary judgment before the trial started on the idea that plaintiff knew or should've known that his cancer was caused by his exposure to environmental hazards and chemicals while working for the railroad.
Creosote Exposure
A poisonous chemical that is used to preserve wood creosote is linked to various cancers including scrotal and skin cancer. cancer lawsuits is a common issue for railroad workers who work on the maintenance and repair of railway ties. The National Toxicology Program has reported that workers who work with creosote are at a greater risk of developing lethal cancer than the general population.
In a recent court case, a railroad worker sued after being diagnosed with multiple myeloma. He claimed that work-related exposure to diesel exhaust and environmental dangers led to cancer. The court found that the plaintiff was aware of the potential dangers he might suffer due to his job at the railroad and could have found out about his injury by conducting a diligent internet search when the diagnosis came in. Since he did not make this effort his claim is time-barred.
In a different case the railroad won a defense verdict in a lawsuit filed in Philadelphia County by a former railroad worker. The plaintiff claimed that he developed bladder cancer due to his occupational exposure to secondhand smoke and other toxic chemicals, like creosote or diesel exhaust.
Parker Waichman has also obtained defense verdicts in cases that involve other types of cancers such as lung and prostate cancer. These cases were brought by former railroad workers who claimed that their cancers were caused by exposure to toxic chemicals at work. The firm is prepared to analyze the facts of your case and discuss your options.
Asbestos Exposure
Asbestos may pose a health risk for railroad workers. This exposure often occurs when workers manage railroad ties, or repair or install railway equipment. Asbestos exposure can cause mesothelioma or lung cancer and other diseases.
Ronald K. Harris, the plaintiff in a lawsuit filed against CSX Transportation claims that he was diagnosed with multiple myeloma as a result of his work at the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a daily basis. In cancer lawsuits , he inhaled "harmful chemical substances, toxic chemicals, agents, fumes, particles, and other substances that include but are not only diesel exhaust creosote, welding fumes, carbon monoxide, phenols dioxins, and heavy metals."
We successfully represented our clients in the trial of a jury that lasted two weeks, in which it was alleged that repetitive bending and lifting while working as trackmen led to herniated disks in the lumbar region, causing an impairment of 25% which resulted in a loss of wage and pain and discomfort. The railroad was found not to be negligent, and the plaintiff was awarded a modest award.
Environmental Exposure
Railroad workers are exposed to a number of different environmental chemicals. Bladder cancer lawsuit can result in a variety of health problems including multiple myeloma, based on the type and extent of the work. Contact Parker Waichman if you or someone in your family has been diagnosed with myeloma as a result of working on the railroad.
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 syndrome (MDS). He filed a lawsuit against two major railroads, claiming their exposure to diesel exhaust and asbestos caused his health issues.
However the railroads filed an appeal to a summary judgment, arguing that the plaintiff was aware of the crucial facts and the possible reasons for his injury at the time of his diagnosis. The court ruled in favor of the railroads' motion concluding that plaintiff failed to conduct a reasonable inquiry into whether or not his health condition was related to his railroad employment.
In the courtroom, the plaintiff presented expert testimony from an industrial hygienist and epidemiologists. The experts claimed that Harris's myeloma resulted of his exposure to diesel exhaust. To prove this assertion, the expert witness referenced various studies that revealed a correlation between certain types of cancers and diesel exhaust. No reputable scientist, however has ever claimed that diesel exhaust to be the cause of multiple myeloma.