Notes

Its History Of Railroad Lawsuit Chronic Lymphocytic Leukemia
Multiple Myeloma Caused by Railroad Work

Under FELA railroad workers can sue for compensation for injuries. However, to make a claim that is successful, the injured worker must show that the railroad's negligence caused their injuries.

The evidence presented at the trial included testimony of toxicologist who relied on different studies and risk ratios to establish that Harris's multi myeloma was the result of the exposure to diesel exhaust.

Benzene Exposure

It is linked to a number of hematopoietic tumors which include Acute Myeloid Leukemia(AML), Acute Non-Lymphocytic Leukemia(ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer, benzene is a Group 1 Carcinogen. The chemical is found in diesel exhaust and fumes which railroad workers are exposed to on a daily routine.

Additionally, some railroad workers are exposed to benzene through cleaning products like Safety-Kleen as well as CRC. These cleaning products contain a benzene type known as methylbenzene. The methylbenzene converts to dioxin, a chemical when it comes in contact with water. Dioxins can cause lung cancer and other serious health problems.

Parker Waichman has represented railroad workers in personal injury cases against their employers, under 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 chemicals and solvents while working.

Another instance involved a plaintiff who was diagnosed with multiple myeloma following working as an engineer of railroad signal maintenance for several years. He claimed that his condition was caused by exposure to diesel exhaust as well as the benzene he encountered during his work. Prior to the start of trial, BNSF filed a motion for summary judgment based on the notion that plaintiff was aware or ought to have known that his cancer was due to exposure to chemicals and environmental dangers while working in the railroad.


Creosote Exposure

A poisonous chemical that is used to preserve wood creosote has been linked to various cancers including skin and scrotal cancer. Railroad workers who worked on the maintenance and repair of railway ties can be exposed to this substance. The National Toxicology Program reported that those who handled creosote were at greater risk than the general population of developing lethal forms of cancer.

In a recent court case railroad workers sued after being diagnosed with multiple myeloma. He claimed that exposure to diesel exhaust and environmental hazards caused cancer. The court determined that the plaintiff was aware of the possibility of harm from his railroad work and could have discovered the injury through a reasonably thorough internet search prior to the time when he was diagnosed. He failed to make the effort and the case is now barred.

In a separate case, the railroad was successful in defending its verdict in a lawsuit filed in Philadelphia County by an ex-railroad employee. railroad controls limited lawsuit claimed that the cause of his illness was bladder cancer as a result of the exposure he received to smoke, other chemicals such as diesel exhaust, and creosote.

Parker Waichman has also secured defense verdicts in the cases involving other types of cancers such as prostate and lung cancer, brought by former railroad employees who claimed that their cancers stemmed from years of exposure to toxic chemicals on the job. The firm is available to review the facts of your case and present your options.

Asbestos Exposure

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

In a case filed against CSX Transportation, plaintiff Ronald K. Harris claims that he developed multiple myeloma due to the effects of his employment with the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a regular basis. As a result Harris inhaled "harmful chemicals, toxic agents, fumes, particles, and substances including but not only diesel exhaust creosote, welding fumes, phenols, carbon monoxide, dioxins, and heavy metals."

We successfully defended our client in a two-week jury trial in which it was claimed that repetitive bent, lifting and twisting during the course of work resulted in herniated lumbar disks, and an indefinite disability of 25% which resulted in loss of wages and suffering and pain. The railroad was found not to be negligent, and the plaintiff received only a minimal award.

Environmental Exposure

Railroad workers are exposed a number of different environmental chemicals. Depending on the type of work performed the exposure could result in a myriad of health issues which include multiple myeloma. If you or someone you love has been diagnosed with multiple myeloma as because of work done on the railroad, contact Parker Waichman to discuss your options.

In a recent case an employee of a railroad received $7.5 million from a jury following his diagnosis with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He filed a lawsuit against two major railroads, claiming their exposure to diesel exhaust and asbestos caused health issues.

However, the railroads filed a summary judgment motion arguing that the plaintiff was aware of the crucial facts and the possible causes of his injury at the time of his diagnosis. The court agreed and granted the railroads' motion, concluding that the plaintiff was unable to conduct a reasonable investigation into whether his health condition was related to his work at the railroad.

The plaintiff offered evidence from an industrial hygienist as well as epidemiologists. The experts claimed that Harris's myeloma was a result of his exposure to diesel exhaust. To prove this assertion, the expert witness referenced several studies that proved the connection between certain types of cancers and diesel exhaust. However, no reputable scientist has ever claimed that diesel exhaust is the reason of multiple myeloma.

Here's my website: https://sites.google.com/view/railroadcancersettlements