Notes

5 Lessons You Can Learn From Railroad Lawsuit Chronic Lymphocytic Leukemia
Multiple Myeloma Caused by Railroad Work

Under FELA, railroad workers can make lawsuits to claim compensation for their injuries. To be successful, the injured worker will have to prove the railroad was negligent in causing the accident.

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

Benzene Exposure

There is a link between benzene and many hematopoietic tumours, including 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 present in diesel fumes, and many railroad workers are regularly exposed to it.

Furthermore, some railroad employees are also exposed to benzene by using cleaning products like Safety-Kleen and CRC. These types of cleaning agents typically contain a form of benzene referred to as the methylbenzene. When methylbenzene is in contact with the water, it's converted into a chemical called dioxin. Dioxins can cause lung cancer as well as other serious health issues.

Parker Waichman has represented railroad workers in personal injury cases against their employers, as part of the FELA. A jury handed down $7.5 million to an ex Chicago and North Western Railroad employee who was diagnosed with acute myeloid tumors after years of exposure.

In another instance, a plaintiff was diagnosed with multiple lymphoma resulting from many years of work as a railroad maintenance technician for signals. The plaintiff claimed that his condition was caused by exposure to diesel exhaust as well as benzene he had experienced on the job. Prior to the start of trial, BNSF filed a motion for summary judgment based upon the idea that plaintiff ought to have known that his cancer was a result of exposure to chemicals and environmental hazards during his railroad employment.

Creosote Exposure

A poisonous chemical that is used to preserve wood creosote is linked to various cancers including skin and scrotal cancer. This chemical is often a problem for railroad workers who work on the maintenance and repairs of railway ties. The National Toxicology Program has reported that workers who handle creosote are at a greater risk of developing lethal cancer than the general population.

A recent court case in which a railroad employee sought justice after being diagnosed with multiple myeloma. The case alleged that his exposure to diesel exhaust and other environmental dangers caused the cancer. The court found that the plaintiff was aware of the potential damage he could suffer from his work on railroads and might have discovered his injuries via a reasonable internet search at the time that he was diagnosed. Because he failed to do this his action is deemed to be time-barred.

In a different instance, the railroad won a defense verdict in a case filed in Philadelphia County by a former railroad employee. The plaintiff claimed that he had developed bladder carcinoma as a result his exposure 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 including lung and prostate cancer, brought by other former railroad employees who claimed their cancers were a result of years of exposure to toxic chemicals on the job. The firm is ready to review the details of your case, and then explain your options.

Asbestos Exposure

Railroad employees can be exposed to asbestos while working. Workers are exposed to asbestos while they work on railroad ties, fix or install railway gear, or work on railroad railway ties. Asbestos is known to cause lung cancer, mesothelioma and other illnesses.

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. 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 restricted to diesel exhaust, welding fumes and creosote.

csx lawsuit defended our clients in the jury trial that lasted two weeks, in which it was alleged repetitive lifting and bending as trackmen caused herniated disks in the lumbar area and permanent disability of 25% that resulted in loss of wages and pain and discomfort. The railroad was not found to be negligent, and the plaintiff received only a modest amount.

Environmental Exposure

Railroad workers are exposed various environmental chemicals. This exposure can cause numerous health problems including multiple myeloma, depending on the nature and intensity of the work. If you or someone you love has been diagnosed with multiple myeloma as due to work on the railroad, get in touch with Parker Waichman to discuss your options.

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

However the railroads brought a summary judgement motion, arguing that the plaintiff was aware of most important facts and potential causes of his injuries at the time of his diagnosis. The court sided with the railroads and granted their motion, concluding that the plaintiff has not conducted a reasonable investigation to determine if the condition was connected to his railroad employment.


In the courtroom, the plaintiff presented expert testimony from an industrial hygiene specialist and epidemiologists. The expert witnesses claimed that Harris's myeloma was a result of the exposure he received to diesel exhaust. To support this assertion, the expert witness referenced numerous studies that demonstrated an association between certain types of cancers and diesel exhaust. However, no credible scientist has ever concluded that diesel exhaust is a cause of multiple myeloma.

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