Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers may claim compensation for injuries. To be successful, the injured party must prove the railroad was negligent in causing the injury.
The evidence in the trial included the testimony of a toxicologist, who used various studies and risk factors to prove that Harris's myeloma had been caused by his exposure to diesel exhaust.
Benzene Exposure
Exposure to benzene has been linked with a variety of hematopoietic malignancies 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 belongs to the Group 1 Carcinogen. This chemical is found in diesel fumes and many railroad workers are regularly exposed to it.
Some railroad workers are also exposed by cleaning products like CRC or Safety-Kleen. These cleaning agents contain a particular type of benzene referred to as methylbenzene. The methylbenzene converts to dioxin, a chemical when it comes in contact with water. Dioxins are a group of chemicals that can trigger many serious health issues, including lung cancer.
Parker Waichman has represented railroad workers in personal injury cases against their employers under the FELA. For cancer lawsuits , a jury awarded an ex- Chicago and North Western Railroad worker $7.5 million for his diagnosis of acute myeloidleukemia following years of exposure to chemicals and solvents on the job.
In another case the plaintiff was diagnosed with multiple lymphoma resulting from several years of working as a railway signal maintenance technician. He claimed his condition was caused by exposure to diesel exhaust, as well as the benzene he encountered while working. BNSF filed a summary judgement motion prior to the trial began on the claim that plaintiff knew or should have knew that his cancer was the result of his exposure to chemicals and environmental hazards while working for the railroad.
Creosote Exposure
Creosote is a toxic chemical used to preserve wood has been linked to various cancers, including skin cancer and scrotal cancer. This substance is often a issue for railroad workers who work on the maintenance and repairs 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.
In an upcoming court case, railroad workers sued after being diagnosed with multiple myeloma. He claimed that his work-related exposure to diesel exhaust as well as environmental hazards caused cancer. The court ruled that the plaintiff was aware of the possibility of negative effects of his work at the railroad and might have discovered his injuries through a reasonably thorough internet search prior to the time when he was diagnosed. Since he did not make this effort the action is barred.
In a separate case the railroad won its defense verdict in a suit brought in Philadelphia County by an ex-railroad employee. The plaintiff claimed that he developed bladder cancer as a result of the exposure he received from secondhand smoke and other chemical substances, like creosote or diesel exhaust.
Parker Waichman has also secured defense verdicts in cases involving different types of cancers including prostate and lung cancer, brought by other former railroad employees who claimed that their cancers stemmed from the constant exposure to toxic chemicals at work. Parker Waichman is prepared to review your case facts 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 is known to cause mesothelioma, lung cancer and other diseases.
In a suit filed against CSX Transportation, plaintiff Ronald K. Harris claims that he developed multiple myeloma because of his work for the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a daily basis. As a result Harris breathed in "harmful, toxic chemicals, fumes, substances, particles, and other substances, including but not restricted to diesel exhaust, welding fumes, creosote, carbon monoxide and phenols. dioxins, and heavy metals."
We successfully defended our client in the two-week trial of a jury in which it was claimed that the repetitive bent, lifting and twisting during the course of work caused herniated discs in the lumbar region and a 25% permanent disability that resulted in a loss of wages as well as 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 a number of different environmental chemicals. This exposure can trigger a variety of health problems such as multiple myeloma. This is based on the nature and severity of the work. If you or someone you love has been diagnosed with multiple myeloma due to work on the railroad, call Parker Waichman to discuss your options.
In a recent case, a railroad worker received $7.5 million from a jury after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railways and claimed that their exposure to diesel exhaust and asbestos caused his health issues.
However the railroads brought an appeal based on summary judgment, which argued that the plaintiff was aware of the essential facts and potential causes of his injury at the time of his diagnosis. The court agreed with the railroads and granted their motion, concluding that the plaintiff had not conducted a reasonable investigation to determine if his illness was connected to his employment at a railroad.
The plaintiff gave expert testimony in the trial of an industrial hygienist, as well as epidemiologists. The expert witnesses claimed Harris's myeloma was a result of the exposure he received to diesel exhaust. To support this assertion the expert witness cited various studies that showed an association between certain types of cancers and diesel exhaust. There is no credible scientist, however, has ever concluded diesel exhaust is the reason of multiple myeloma.