Multiple Myeloma Caused by Railroad Work
Under FELA railroad employees can file lawsuits to recover compensation for their injuries. However, in railroad lawsuit to be successful in bringing a claim the injured person must prove that negligence on the part of railroad workers played a role in causing their injuries.
The evidence presented in the trial included testimony from toxicologist who utilized different studies and risk factors to prove that Harris's multiple myeloma caused by his exposure to diesel exhaust.
Benzene Exposure
Exposure to benzene has been linked with 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), benzene is classified as a Group 1 carcinogen. This chemical is found in diesel exhaust and fumes which many railroad workers are exposed to on a daily on a regular.
Some railroad workers are exposed to cleaning products such as Safety-Kleen or CRC. These types of cleaning agents typically contain a form of benzene referred to as the methylbenzene. When methylbenzene comes in contact with water, it's converted into a chemical known as dioxin. Dioxins can cause lung cancer as well as other serious health issues.
Parker Waichman has successfully represented numerous railroad workers in personal injury claims against their employers under FELA. A jury awarded $7.5 million to a former Chicago and North Western Railroad employee diagnosed with acute myeloid tumors after years of exposure.
In another case the plaintiff was diagnosed with multiple lymphoma after many years of service as a railway signal maintenance technician. He claimed his condition was caused by exposure to diesel exhaust and benzene that he experienced while working. Prior to the start of trial, BNSF filed a motion for summary judgment based on the notion that plaintiff was aware or ought to have known that his cancer was a result of his exposures to chemicals and environmental hazards during his railroad employment.
Creosote Exposure
Creosote, a toxic chemical used to preserve wood has been linked to several cancers including skin cancer and scrotal carcinoma. It is a frequent problem for railroad workers working in the repair and maintenance of railway ties. The National Toxicology Program reported that workers who handled creosote had greater risk than the general population of developing lethal forms of cancer.
A recent court case in which a railway worker sued after he was diagnosed with myeloma, alleges his occupational exposures to diesel exhaust and other environmental dangers caused the cancer. The judge determined that the plaintiff was aware of the possibility of harm from his railroad work and could have discovered the injury by conducting a fairly thorough internet search at the time he was diagnosed. He failed to take the necessary steps and the case was deemed to be time-barred.
In a different case the railroad won a defense verdict in a lawsuit brought in Philadelphia County by a former railroad worker. The plaintiff claimed he developed bladder cancer due to his exposure to secondhand smoke and other chemical substances, like creosote, diesel exhaust.
Parker Waichman has also secured defense verdicts in cases involving other types of cancers such as 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 prepared to review the facts of your case and present your options.
Asbestos Exposure
Railroad workers may be exposed to asbestos during their employment. This is often the case when workers are handling railroad ties, or repair or install railway equipment. Asbestos can cause mesothelioma, lung cancer and other diseases.
Ronald K. Harris, the plaintiff in a lawsuit brought against CSX Transportation claims that he contracted multiple myeloma through his job at the railroad. Harris according to the lawsuit worked daily for CSX Transportation in its Laredo railroad yard. As a result, he inhaled "harmful chemicals, toxic fumes, agents, particles, and substances, including but not limited to diesel exhaust creosote, welding fumes, carbon monoxide, phenols dioxins and heavy metals."
We successfully represented our clients at the trial of a jury that lasted two weeks, where it was alleged repetitive lifting and bending during work as trackmen caused herniated disks in the lumbar region. This resulted in an impairment of 25% that resulted in loss of wages as well as discomfort and pain. The railroad was found to not be negligent and the plaintiff was awarded only a minimal award.
Environmental Exposure
Railroad workers are exposed to a variety of environmental chemicals. The exposure can result in various health issues including multiple myeloma, depending on the type and amount of the work. If you or a loved one has been diagnosed with multiple myeloma as due to work on the railroad, contact Parker Waichman to discuss your options.
In a recent case, railroad workers received $7.5 million from a jury following his diagnosis with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He filed a lawsuit against two major railroads, alleging that their exposure to asbestos and diesel exhaust led to his health issues.
The railroads filed a motion for summary judgment arguing that at the time of the plaintiff's diagnosis he was aware of all the facts and causes of his injury. The court ruled in favor of the railroads' motion concluding that the plaintiff was unable to make a reasonably diligent inquiry into whether the condition was connected to his railroad employment.
The plaintiff provided expert testimony during the trial of an industrial hygienist as as epidemiologists. Expert witnesses stated that Harris's myeloma may be the result of his exposure diesel exhaust. The expert witness referenced a variety of studies to support this assertion. These studies showed that there was a link between diesel exhaust and certain types of cancer. No reputable scientist, however has ever concluded that diesel exhaust is the cause of multiple myeloma.