Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers can sue to recover compensation for injuries. However, to succeed in bringing a claim, the injured worker must prove that the railroad's negligence played a role in causing their injuries.
The evidence presented during the trial included testimony of a toxicologist who used different studies and their relative risks to demonstrate that Harris’s multiple myeloma was caused by his exposure diesel exhaust.
Benzene Exposure
Benzene exposure is associated with a variety of hematopoietic malignancies, including 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. The chemical is found in diesel exhaust and fumes which railroad workers are exposed to on a regular basis.
Additionally, some railroad workers are exposed to benzene through cleaning products like Safety-Kleen as well as CRC. These cleaning products contain a type benzene known as methylbenzene. The methylbenzene converts to dioxin, a chemical when it comes into contact with water. Dioxins belong to a group of substances that can cause a variety of serious health issues including lung cancer.
Parker Waichman has successfully represented many railroad workers in personal injury lawsuits against their employers under FELA. For example, a jury awarded a former 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.
Another case involved a plaintiff 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 which he was exposed to while on the job. Prior to the commencement of trial, BNSF filed a motion for summary judgment based on the theory that plaintiff knew or could have realized that his cancer was caused by exposure to chemicals and environmental hazards during his railroad employment.
Creosote Exposure
A toxic chemical that is used as a wood preserver creosote has been linked to several cancers, including scrotal and skin cancer. Railroad workers who work on the maintenance and repair of railway ties are often exposed to this substance. The National Toxicology Program reported that those who handled creosote were at more risk than general population of developing fatal forms of cancer.
In an upcoming court case, a railroad worker sued after being diagnosed with multiple myeloma. He claimed that his occupational exposure to diesel exhaust and other environmental dangers led to cancer. The court ruled that the plaintiff was aware of the potential damage he could suffer from his work on railroads and could have discovered his injury through a reasonably thorough internet search prior to the time when he was diagnosed. He did not do so and his case is now barred.
In a separate case, the railroad won its defense verdict in a suit brought in Philadelphia County by an ex-railroad worker. railroad lawsuit settlements claimed that he developed bladder cancer as a result of his occupational exposure to secondhand smoke and other chemicals, like creosote or diesel exhaust.
Parker Waichman has also obtained defense verdicts for cases involving different types of cancers, such as lung and prostate cancer. These cases were filed by former railroad workers who claimed their cancers were caused by exposure to toxic chemicals at work. The firm is available to review your case facts and explain your options.
Asbestos Exposure
Asbestos can be a problem for railroad employees. Workers are exposed to asbestos when they handle railroad ties, repair or install railway equipment or work on railroad ties. Asbestos exposure can cause mesothelioma or lung cancer and other diseases.
Ronald K. Harris, the plaintiff in a lawsuit brought against CSX Transportation claims that he contracted multiple myeloma due to his work with the railroad. Harris as per the lawsuit, was employed every day by CSX Transportation in its Laredo railroad yard. In the process, he inhaled "harmful chemical substances, toxic chemicals, fumes, agents, particles, and other substances which include but not limited to diesel exhaust creosote, welding fumes, phenols, carbon monoxide, dioxins and heavy metals."
We successfully represented our clients in the jury trial that lasted two weeks, where it was claimed that the repetitive bending and lifting while working as trackmen led to herniated disks in the lumbar area and an injury that caused a 25% disability for the rest of his life that resulted in loss of wages and discomfort and pain. The railroad was found not 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 trigger a variety of health problems such as multiple myeloma. This is based on the nature and severity of the work. If you or a loved one has been diagnosed with multiple myeloma because of work done on the railroad, get in touch with Parker Waichman to discuss your options.
In a recent trial, a railroad employee was awarded $7.5 million by a jury after being diagnosed with acute myeloid leukemia and myelodysplastic Disorder (MDS). He sued two major railroads, claiming that exposure to diesel exhaust and asbestos led to his health issues.
The railroads filed an appeal for summary judgment in which they claimed that at the time of the plaintiff's diagnosis, it was aware of the details and causes of the injury. The court agreed with the railroads and granted their motion, concluding that the plaintiff hadn't made a reasonable inquiry to determine whether his condition was connected to his employment at a railroad.
The plaintiff presented expert testimony during the trial of an industrial hygienist as well as epidemiologists. The expert witnesses claimed that Harris's myeloma is a result of his exposure to diesel exhaust. To prove this claim, the expert witness referenced various studies that showed that there was a link between certain kinds of cancer and diesel exhaust. However, no respected scientist has ever concluded that diesel exhaust is the reason of multiple myeloma.