Notes

Who's The Most Renowned Expert On Railroad Lawsuit Chronic Lymphocytic Leukemia?
Multiple Myeloma Caused by Railroad Work

Under FELA railroad workers are entitled to bring lawsuits to seek compensation for their injuries. In order to bring a successful claim, the injured worker must show that negligence on the part of the railroad contributed to their injury.

The evidence presented at the trial included the testimony of toxicologist who utilized different studies and their relative risks to show that Harris's multiple myeloma was triggered by his exposure diesel exhaust.

Benzene Exposure

Benzene exposure is associated 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 (IARC) the chemical benzene is classified as a Group 1 carcinogen. The chemical is found in diesel exhaust and fumes that many railroad workers are exposed to on a daily basis.

Additionally, some railroad workers are exposed to benzene through cleaning products such as Safety-Kleen or CRC. These cleaning agents contain a particular type of benzene referred to as methylbenzene. The methylbenzene converts to dioxin, a chemical when it comes into contact with water. Dioxins are a class of chemicals that can trigger a variety of serious health issues including lung cancer.

class action lawsuit against railroads has represented railroad workers in personal injury cases against their employers, as part of the FELA. For example the jury awarded an ex- Chicago and North Western Railroad worker $7.5 million after he was diagnosed of acute myeloid leukemia after years of exposure to solvents and chemicals on the job.

In a different case, a plaintiff was diagnosed with multiple lymphoma following several years of working as a railway signal maintenance technician. He claimed that his illness was caused by exposure to diesel exhaust and benzene he had experienced while working. Before the beginning of trial, BNSF filed a motion for summary judgment based on the theory that plaintiff was aware or could have realized that his cancer was a result of his exposures to chemicals and environmental dangers while working in the railroad.

Creosote Exposure

A poisonous chemical that is used as a wood preservative creosote has been linked to various cancers including skin and scrotal cancer. Railroad workers who were involved in the maintenance and repair of railway ties can be exposed to this chemical. The National Toxicology Program has reported that workers who work with creosote are at a greater risk of developing lethal cancer than the general population.

In the recent court case, a railroad worker sued after being diagnosed with multiple myeloma. He claimed that occupational exposure to diesel exhaust as well as environmental hazards caused cancer. The court found that the plaintiff was aware of the potential damage he could sustain because of his job as a railroad worker and could have discovered about his injury by conducting an exhaustive internet search prior to when the diagnosis came in. Since he was not able to make this effort the action is 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 that the cause of his illness was bladder cancer as a result of being exposed to smoke, other chemicals such as diesel exhaust, and creosote.

Parker Waichman has also obtained defense verdicts in cases involving different types of cancers, including prostate and lung cancer. These cases were brought by former railroad employees who claimed their cancers were resulted from a lifetime exposure to toxic chemicals at work. The firm is prepared to review the details of your case and provide your options.

Asbestos Exposure

Railroad employees may be exposed to asbestos in their work. This exposure often occurs when railroad workers work with railroad ties, or repair or install railway equipment. Asbestos can cause lung cancer, mesothelioma and other cancers.

Ronald K. Harris, the plaintiff in a lawsuit brought against CSX Transportation claims that he contracted multiple myeloma through his work at 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 fumes, chemicals, and agents including but not restricted to diesel exhaust, welding fumes and creosote.

We successfully defended our clients during the jury trial that lasted two weeks, where it was claimed that repetitive lifting and bending during work as trackmen caused herniated disks in the lumbar region, causing an injury that caused a 25% disability for the rest of his life which resulted in a loss of wage and pain and discomfort. 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. The exposure can result in numerous health problems including multiple myeloma, based on the nature and intensity of the work. Contact Parker Waichman if you or someone in your family has been diagnosed with myeloma as a result of working on a railroad.

In a recent case a railroad worker was awarded $7.5 million from a jury after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railways in the claim that their exposure to diesel exhaust and asbestos caused health issues.


The railroads filed a motion for summary judgement arguing that at the time of the plaintiff's diagnosis, the plaintiff was aware of the circumstances and causes of his injury. The court ruled in favor of the railroads' motion concluding that the plaintiff was unable to conduct a reasonable inquiry into whether or not his health condition was related to his work at the railroad.

The plaintiff provided evidence from an industrial hygiene specialist as well as epidemiologists. Expert witnesses claimed that Harris's myeloma was the result of the exposure he received to diesel exhaust. The expert witness provided numerous studies to support this claim. These studies showed a correlation between diesel exhaust and certain kinds of cancers. However, no credible scientist has ever concluded that diesel exhaust is the main cause of multiple myeloma.

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