Notes

What Is It That Makes Railroad Lawsuit Chronic Lymphocytic Leukemia So Famous?
Multiple Myeloma Caused by Railroad Work

Under FELA, railroad workers can bring lawsuits to seek compensation for their injuries. To be successful, the injured party will need to prove that the railroad was negligent in causing the injury.

The evidence in the trial included testimony from toxicologist who conducted various studies and relative risk factors to demonstrate Harris's myeloma was caused by his exposure to 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 it is classified as a Group 1 carcinogen. The chemical is present in diesel fumes and railroad workers are exposed to it.

Additionally, some railroad workers are also exposed to benzene via cleaning products such as Safety-Kleen and CRC. These cleaning products contain a type benzene known as methylbenzene. When methylbenzene comes in contact with water, it's converted into a chemical known as dioxin. Dioxins are a class of substances that can cause numerous health problems, including lung cancer.

Parker Waichman has represented railroad employees in personal injury lawsuits against their employers, as part of the FELA. A jury gave $7.5 million to an ex Chicago and North Western Railroad employee diagnosed with acute myeloid cancer following years of exposure.

Another instance involved the plaintiff who was diagnosed with multiple myeloma following working as a railroad signal maintenance engineer for a period of time. He alleged his condition was caused by exposures to benzene and diesel exhaust that he experienced while working. 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 a result of exposure to chemicals and environmental dangers during his employment at the railroad.

Creosote Exposure

A poisonous chemical that is that is used as a wood preservative, creosote has been linked to various cancers including scrotal and skin cancer. Railroad workers who were involved in the maintenance and repair of railway ties are often exposed to this chemical. The National Toxicology Program reported that workers who handled creosote had a higher risk than the general population of developing fatal forms of cancer.

In an upcoming court case, railroad workers sued after being diagnosed with multiple myeloma. He claimed that work-related exposure to diesel exhaust and other environmental dangers led to cancer. The court decided that the plaintiff was aware of the damage he could sustain from his railroad job and could have discovered about his injury through a diligent internet search when the diagnosis came in. Since he did not take this step his action is deemed to be time-barred.

In a different case the railroad was successful in defending a verdict in a lawsuit filed in Philadelphia County by a former railroad worker. The plaintiff claimed that he developed bladder cancer due to the exposure he had to secondhand smoke and other chemicals like creosote and diesel exhaust.

Parker Waichman has also secured defense verdicts in the cases involving different types of cancers including prostate and lung cancer, brought by other former railroad workers who claimed their cancers were caused by a lifetime of exposure to harmful chemicals on the job. Parker Waichman is prepared to review your case facts and present your options.

Asbestos Exposure

Railroad employees can be exposed to asbestos while working. The exposure is most often experienced when workers handle railroad ties or repair or install railway equipment. Asbestos is known to cause mesothelioma, lung cancer and other maladies.

In a case filed against CSX Transportation, plaintiff Ronald K. mesothelioma lung cancer lawsuit that he contracted multiple myeloma as a result of his employment with the railroad. Harris, according to the lawsuit, was employed every day by CSX Transportation in its Laredo railroad yard. He inhaled "harmful and toxic substances, fumes and chemicals including but not limited diesel exhaust, welding fumes and creosote.


We successfully represented our client in the two-week trial of a jury in which it was alleged that the repetitive bending, lifting and twisting when working as a trackman resulted in herniated lumbar disks, and an indefinite disability of 25% that caused loss of earnings and pain and suffering. The railroad was not found to be negligent and the plaintiff received only a minimal award.

Environmental Exposure

Railroad workers are exposed to a number of different environmental chemicals. This exposure can lead to a variety of health problems including multiple myeloma based on the type and extent 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 trial a railroad employee was awarded $7.5 million by a jury for being diagnosed with acute myeloid lymphoma and myelodysplastic Disorder (MDS). He filed a lawsuit against two major railroads, claiming that their exposure to diesel exhaust and asbestos caused health issues for him.

However the railroads filed an appeal based on summary judgment, which argued that the plaintiff was aware of the crucial facts and the possible causes of his injuries at the time of his diagnosis. The court ruled in favor of the railroads' motion, concluding that the plaintiff had failed to conduct a reasonable inquiry into whether his condition was related to his employment at a railroad.

In the courtroom the plaintiff presented expert evidence from an industrial hygienist and epidemiologists. The experts claimed that Harris's myeloma resulted of the exposure he received to diesel exhaust. To prove this claim the expert witness cited several studies that proved a correlation between certain types of cancers and diesel exhaust. No reputable scientist, however has ever claimed that diesel exhaust is the source of multiple myeloma.

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