Notes

Who Is Railroad Lawsuit Chronic Lymphocytic Leukemia And Why You Should Care
Multiple Myeloma Caused by Railroad Work

Under FELA railroad workers may sue to recover compensation for injuries. However, to be successful in bringing a claim the injured person must prove that the railroad's negligence was the cause of their injuries.

The evidence presented in the trial included testimony from toxicologist who conducted different studies and risk factors to establish that Harris's myeloma had been caused by his exposure to diesel exhaust.

Benzene Exposure

Benzene is linked to various hematopoietic cancers which 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 is classified as a Group 1 carcinogen. This chemical is found in diesel fumes and exhaust which railroad workers are exposed to on a daily basis.

Furthermore, some railroad employees are also exposed to benzene from cleaning products such as Safety-Kleen or CRC. These cleaning agents contain a specific benzene known as methylbenzene. The methylbenzene transforms into dioxin, a chemical when it comes in contact with water. Dioxins can cause lung cancer and other serious health issues.

Parker Waichman has represented railroad workers in personal injury cases against their employers, as part of the FELA. For instance 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 following years of exposure to solvents and chemicals on the job.

In another case, a plaintiff was diagnosed with multiple lymphoma resulting from several years of working as a railroad maintenance technician for signals. The plaintiff claimed that his illness was caused by exposures to diesel exhaust and benzene that he encountered working. Before the beginning of trial, BNSF filed a motion for summary judgment based on the idea that plaintiff was aware or should have known that his cancer was due to his exposures to chemicals and environmental hazards while working for the railroad.

Creosote Exposure

Creosote, a toxic chemical used to preserve wood is linked to various cancers, including skin cancer and scrotal carcinoma. It is a frequent issue for railroad workers working on the maintenance and repairs of railway ties. The National Toxicology Program reported that those who handled creosote were at an increased risk than the general population of developing lethal forms of cancer.

In a recent court case an employee of a railroad filed suit after being diagnosed with multiple myeloma. He claimed that his occupational 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 injuries by conducting an exhaustive internet search prior to when the diagnosis came in. Since he did not undertake this task, his action is time-barred.

In a separate case the railroad was successful in defending its verdict in a lawsuit filed in Philadelphia County by an ex-railroad worker. The plaintiff claimed that he had developed bladder carcinoma as a result his occupational exposure to smoke and other chemicals such as diesel exhaust and creosote.

Parker Waichman has also secured defense verdicts in the cases involving other types of cancers, including lung and prostate cancers, which were brought by former railroad workers who alleged their cancers were related to an exposure to toxic chemicals while working. The firm is ready to review the details of your case, and then explain your options.

Asbestos Exposure

Asbestos may pose a health risk for railroad workers. Workers are exposed to asbestos when they handle railroad ties, repair or install railway gear or work on railroad ties. Asbestos exposure could cause mesothelioma and lung cancer and other illnesses.

In a lawsuit filed against CSX Transportation, plaintiff Ronald K. Harris claims that he was diagnosed with multiple myeloma because of his work with the railroad. Harris according to the lawsuit, worked on a daily basis for CSX Transportation in its Laredo railroad yard. He breathed "harmful and toxic chemicals, agents and fumes including but not limited to diesel exhaust, welding fumes and creosote.

We successfully defended our client at the course of a two-week jury trial which it was claimed that repetitive bending, lifting and twisting during the course of work caused herniated discs in the lumbar region and an indefinite disability of 25% which resulted in loss of wages and pain and suffering. The railroad was found to not be negligent and the plaintiff was awarded only a small amount.

Environmental Exposure

Railroad workers are exposed a variety of environmental chemicals. Depending on the type of work done and the type of work, exposure to chemicals can lead to numerous health problems which include multiple myeloma. If you or someone you love has been diagnosed with multiple myeloma as the result of work on the railroad, get in touch with Parker Waichman to discuss your options.

In a recent case, an employee of a railroad was awarded $7.5 million by a jury for being diagnosed with acute myeloid leukemia and myelodysplastic Disorder (MDS). He filed a lawsuit against two major railroads, claiming their exposure to diesel exhaust and asbestos caused health issues.


However railroad controls limited lawsuit brought an appeal to a summary judgment, arguing that the plaintiff was aware of the most important facts and potential causes of his injury at the time he was diagnosed. The court sided with the railroads and granted their motion concluding that the plaintiff has not made a reasonable inquiry to determine if his illness was related to his employment at a railroad.

The plaintiff gave evidence from an industrial hygienist as as epidemiologists. Expert witnesses claimed that Harris's myeloma resulted of the exposure he received to diesel exhaust. The expert witness referenced a variety of studies to back this claim. These studies demonstrated the connection between diesel exhaust and certain kinds of cancers. However, no credible scientist has ever concluded that diesel exhaust is a cause of multiple myeloma.

Website: https://sites.google.com/view/railroadcancersettlements