Notes

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

Under FELA, railroad workers can file lawsuits to recover compensation for their injuries. To be successful, the person who was injured must prove that the railroad was negligent in causing the injury.

The evidence presented at the trial included testimony from a toxicologist, who used different studies and risk factors to establish that Harris's myeloma had been caused by his exposure to diesel exhaust.

bnsf lawsuit

There is a link between benzene and several hematopoietic tumors that include Acute Myeloid Leukemia(AML), Acute Non-Lymphocytic Leukemia(ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer, the chemical benzene is classified as a Group 1 Carcinogen. The chemical is found in diesel fumes and exhaust which railroad workers are exposed to on a daily on a regular.


Moreover, some railroad workers are also exposed to benzene from cleaning products such as Safety-Kleen or CRC. These types of cleaning agents typically contain a type of benzene called methylbenzene. The methylbenzene is converted to a chemical known as dioxin when it comes into contact with water. Dioxins can cause lung cancer as well as other serious health problems.

Parker Waichman has represented railroad employees in personal injury lawsuits against their employers, as part of the FELA. For instance an award was made by a jury to an ex- Chicago and North Western Railroad worker $7.5 million for the diagnosis of acute myeloidleukemia following years of exposure to chemicals and solvents while working.

In a different case, a plaintiff was diagnosed with multiple lymphoma following many years of service as a railway maintenance technician for signals. He claimed his condition was the result of exposures to benzene and diesel exhaust which he was exposed to while working. BNSF filed an appeal to dismiss the summary judgment before the trial started on the idea that plaintiff knew or should have been aware that his cancer was the result of his exposure to environmental hazards and chemicals while working for the railroad.

Creosote Exposure

Creosote is a toxic chemical used to preserve wood has been linked to several cancers including skin cancer and scrotal carcinoma. lung cancer lawsuit is a common problem for railroad workers working on the maintenance and repairs of railway ties. The National Toxicology Program reported that those who handled creosote were at a higher risk than the general public of developing lethal forms of cancer.

A recent court case in which a railroad worker filed suit after being diagnosed with myeloma, alleges the exposure to diesel exhaust and other environmental dangers caused the cancer. The court ruled that the plaintiff was aware of the potential damage he could incur from his railroad job and could have learned about his injury through an extensive internet search before the diagnosis came in. Because he failed to undertake this task his action is deemed to be time-barred.

In a separate instance, the railroad won its defense verdict in a lawsuit 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 chemicals, like creosote or diesel exhaust.

Parker Waichman has also obtained defense verdicts in cases that involve 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 ready to review your case facts and discuss your options.

Asbestos Exposure

Asbestos is a concern for railroad workers. The exposure is most often experienced when workers handle railroad ties or repair or install railway equipment. Asbestos exposure can cause mesothelioma, lung cancer, and other diseases.

Ronald K. Harris, the plaintiff in a lawsuit brought against CSX Transportation claims that he contracted multiple myeloma because of his work at the railroad. According to lung cancer lawsuit , Harris worked for CSX Transportation at its Laredo rail yard on a daily basis. Harris breathed "harmful and toxic substances, fumes and chemicals including, but not limited to diesel exhaust, welding fumes and creosote.

We successfully represented our clients at the jury trial that lasted two weeks. It was claimed that the repetitive lifting and bending during work as trackmen caused herniated disks in the lumbar region and an injury that caused a 25% disability for the rest of his life that resulted in loss of wages as well as discomfort and pain. Lymphoma lawsuit was found not to be negligent, and the plaintiff received only a modest amount.

Environmental Exposure

Railroad workers are exposed to a variety of environmental chemicals. This exposure can trigger various health issues including multiple myeloma, based on the nature and intensity of the work. Contact Parker Waichman if you or a family member has been diagnosed with myeloma due to working on railways.

In a case that was recently heard, a railroad worker was awarded $7.5 million from the jury after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railroads, alleging that exposure to diesel exhaust and asbestos led to his health issues.

However, the railroads filed a summary judgement motion, arguing that the plaintiff was aware of the crucial facts and the possible causes of his injury at the time he was diagnosed. The court agreed and granted the railroads' motion concluding that the plaintiff was unable to make a reasonably diligent inquiry into whether the illness was due to his railroad work.

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

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