Notes

Looking For Inspiration? Look Up Railroad Lawsuit Chronic Lymphocytic Leukemia
class action lawsuit for lung cancer Caused by Railroad Work

Under FELA railroad workers are able to sue for compensation for injuries. However, in order to bring a successful claim, the injured person must prove that negligence by the railroad contributed to their injuries.

The evidence presented during the trial included the testimony of an toxicologist, who relied on various studies and risk factors to demonstrate Harris's myeloma was caused by his exposure to diesel exhaust.

Benzene Exposure

The exposure to benzene can be linked to a variety of hematopoietic malignancies that include Acute Myeloid Leukemia (AML), Acute Non-Lymphocytic Leukemia (ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer, it is a Group 1 Carcinogen. This chemical is found in diesel exhaust and fumes that many railroad workers are exposed to on a regular basis.

Moreover, some railroad workers are also exposed to benzene by using cleaning products like Safety-Kleen and CRC. These kinds of cleaning agents typically contain a kind of benzene, namely methylbenzene. The methylbenzene converts to dioxin, a chemical when it comes in contact with water. 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 gave $7.5 million to an ex- Chicago and North Western Railroad employee diagnosed with acute myeloid cancer following years of exposure.

In another case, a plaintiff was diagnosed with multiple lymphoma following many years of work as a railroad maintenance technician for signals. The plaintiff claimed that his condition was caused from exposure to diesel exhaust, as well as benzene exposure he experienced on the job. Prior to the commencement of trial, BNSF filed a motion for summary judgment based on the idea that plaintiff was aware or should have known his cancer was due to his exposures to chemicals and environmental hazards during his railroad employment.

Creosote Exposure

Creosote, a poisonous chemical used to preserve wood is linked to several cancers including skin cancer and scrotal carcinoma. Railroad workers working on the maintenance and repair of railway ties are frequently exposed to this substance. The National Toxicology Program has reported that those who handle creosote are at a greater risk of developing cancer that is fatal than the general population.

In the recent court case, a railroad worker sued after being diagnosed with multiple myeloma. He claimed that exposure to diesel exhaust as well as environmental hazards caused cancer. The judge determined that the plaintiff was aware of the possibility of harm from his railroad work and could have found out about his injury by conducting a fairly thorough internet search at the time that he was diagnosed. The plaintiff did not make the effort and his action has been deemed time-barred.

In a separate instance, the railroad was successful in defending its verdict in a suit filed in Philadelphia County by an ex-railroad worker. The plaintiff claimed he was diagnosed with bladder cancer due to his occupational exposure to secondhand smoke and other chemical substances, like creosote or diesel exhaust.

Parker Waichman has also obtained defense verdicts in cases involving different types of cancers, like prostate and lung cancer. These cases were filed by former railroad workers who claimed their cancers were caused by exposure to toxic chemicals at work. Parker Waichman is prepared to review the facts of your case and present your options.


Asbestos Exposure

Railroad employees could be exposed to asbestos during their job. mesothelioma lung cancer lawsuit can happen when workers are handling railroad ties or repair or install railway equipment. Asbestos exposure could cause mesothelioma, lung cancer, and other illnesses.

In a suit filed against CSX Transportation, plaintiff Ronald K. Harris alleges that he developed multiple myeloma because from his work for the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a regular basis. In the process Harris breathed in "harmful chemicals, toxic agents, fumes and particles, and substances including but not including diesel exhaust creosote, welding fumes, phenols, carbon monoxide, dioxins and heavy metals."

We successfully defended our clients in a jury trial lasting two weeks, in which it was alleged that repetitive bending and lifting while working as trackmen caused herniated disks in the lumbar region, causing an injury that caused a 25% disability for the rest of his life leading to loss of earnings and pain and discomfort. The railroad was found not to be negligent, and the plaintiff received a minimal award.

Environmental Exposure

Railroad workers are exposed a number of different environmental chemicals. Based on the type of work performed this exposure can cause health issues of a variety such as multiple myeloma. Contact Parker Waichman if you or a family member has been diagnosed with myeloma as a result of working on railways.

In a recent trial, a railroad employee was awarded $7.5 million by a jury for being diagnosed with acute myeloid leukemia and myelodysplastic Disorder (MDS). He sued two major railways in the claim that their exposure to diesel exhaust and asbestos caused his health issues.

The railroads filed a motion for summary judgement arguing that at the time of the plaintiff's diagnosis it was aware of the facts and causes of his injury. The court agreed and granted the railroads' motion, concluding that plaintiff failed to conduct a reasonable inquiry into whether the condition was related to his employment at a railroad.

The plaintiff provided expert testimony during the trial of an industrial hygienist, as well as epidemiologists. csx lawsuit claimed that Harris's myeloma was the result of the exposure he received to diesel exhaust. The expert witness cited numerous studies to support this assertion. These studies proved that there was a link between diesel exhaust and certain kinds of cancer. However, no reputable scientist has ever claimed that diesel exhaust is a cause of multiple myeloma.

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