Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers can sue to obtain compensation for injuries. To be successful, the injured party must prove that the railroad was negligent in causing the injury.
The evidence presented during the trial included the testimony of toxicologist who utilized different studies and risk factors to demonstrate that Harris's myeloma had been caused by his exposure to diesel exhaust.
Benzene Exposure
Exposure to benzene is linked to 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, the chemical benzene belongs to the Group 1 Carcinogen. The chemical is found in diesel fumes and exhaust which railroad workers are exposed to on a daily routine.
Some railroad workers are exposed to cleaning products such as Safety-Kleen or CRC. These cleaning products contain a specific benzene known as methylbenzene. The methylbenzene can be converted into a chemical known as dioxin when it comes into contact with water. Dioxins belong to a group of substances that can cause many serious health problems including lung cancer.
Parker Waichman has represented railroad employees in personal injury lawsuits against their employers, in accordance with the FELA. For example an award was made by a jury to 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 while working.
Another instance involved a plaintiff who was diagnosed with multiple myeloma following working as a railroad signal maintenance engineer for several years. union pacific railroad lawsuits alleged his condition was a result of exposure to benzene and diesel exhaust which he was exposed to while working. Prior to the commencement of trial, BNSF filed a motion for summary judgment based upon the idea that plaintiff knew or should have known his cancer was related to his exposures to chemicals and environmental hazards while working for the railroad.
Creosote Exposure
Creosote is a toxic chemical used to preserve wood is linked to various cancers, including skin cancer and scrotal carcinoma. Railroad workers who worked on the maintenance and repair of railway ties can be exposed to this substance. The National Toxicology Program has reported that workers who work with creosote have a higher risk of developing cancer that is fatal than the general population.
A recent court case in which a railway worker filed suit after being diagnosed with multiple myeloma claims the exposure to diesel exhaust and other environmental dangers caused the cancer. The court ruled that the plaintiff was aware of the potential dangers he might suffer from his work at the railroad, and could have learned about his injuries by conducting an extensive internet search before he was diagnosed. He failed to make the effort and his case is now time-barred.
In a different case the railroad was successful in defending a verdict in a lawsuit brought in Philadelphia County by a former railroad worker. The plaintiff claimed that he developed bladder cancer due to his occupational exposure to smoke, as well as other chemicals like diesel exhaust and creosote.
Parker Waichman has also secured defense verdicts in cases that involve other types of cancers, including lung and prostate cancer, brought by former railroad workers who alleged their cancers were a result of the constant exposure to toxic chemicals while working. The firm is available to review your case facts and present your options.
Asbestos Exposure
Asbestos can pose a risk for railroad workers. Workers are exposed to asbestos when they operate railroad ties, fix or install railway gear, or work on railroad tracks. Asbestos exposure can cause mesothelioma, lung cancer, and other illnesses.
Ronald K. Harris, the plaintiff in a lawsuit filed against CSX Transportation claims that he contracted multiple myeloma because of his work with the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a regular basis. He breathed "harmful and toxic substances, fumes and chemicals including, but not limited to diesel exhaust, welding fumes and creosote.
We successfully defended our client during a two-week jury trial in which it was claimed that repetitive bent, lifting and twisting during the course of work caused herniated lumbar disks and a 25% permanent disability resulting in lost wages and suffering and pain. The railroad was found not to be negligent, and the plaintiff received a modest award.
Environmental Exposure
Railroad workers are exposed a number of different environmental chemicals. Depending on the type of work done and the type of work, exposure to chemicals can cause a variety of health issues such as multiple myeloma. If you or someone you love has been diagnosed with multiple myeloma as the result of work on the railroad, you should contact Parker Waichman to discuss your options.
In a recent case, a railroad worker received $7.5 million from an appeals court after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He filed a lawsuit against two major railroads, claiming that exposure to diesel exhaust and asbestos caused his health problems.
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 he was diagnosed. The court agreed and granted the railroads' motion, concluding that plaintiff failed to conduct a reasonable inquiry into whether his condition was related to his work at the railroad.
At trial the plaintiff provided expert testimony from an industrial hygiene specialist and epidemiologists. The expert witnesses stated that Harris's myeloma may be the result of his exposure diesel exhaust. To prove this assertion the expert witness cited several studies that proved an association between certain types of cancers and diesel exhaust. However, no respected scientist has ever concluded that diesel exhaust is the main cause of multiple myeloma.