Notes

Are You In Search Of Inspiration? Look Up 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 succeed in bringing a claim, the injured worker must show that negligence on the part of the railroad caused their injuries.

The evidence presented at the trial included testimony from toxicologist who utilized different studies and risk factors to establish that Harris's multiple myeloma was caused by his exposure to diesel exhaust.

Benzene Exposure

Benzene is linked to a number of 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 (IARC), the classification of benzene is Group 1 carcinogen. This chemical is present in diesel exhaust and fumes that many railroad workers are exposed to on a regular routine.

Railroad workers may also be exposed by cleaning products such as Safety-Kleen or CRC. These cleaning agents contain a particular type of benzene referred to as methylbenzene. When methylbenzene comes in contact with the water, it's transformed into a chemical known as dioxin. Dioxins are a group of chemicals that can trigger a variety of serious health problems, including lung cancer.

Parker Waichman has successfully represented numerous railroad employees in personal injury lawsuits against their employers under FELA. For instance the jury awarded an ex- Chicago and North Western Railroad worker $7.5 million for the diagnosis of acute myeloid leukemia following years of exposure to chemicals and solvents while working.

In a different case the plaintiff was diagnosed with multiple lymphoma after several years of employment as a railway maintenance technician for signals. He alleged his condition was a result of exposure to diesel exhaust and benzene which he was exposed to while on the job. BNSF filed a summary judgment motion before the trial began based on the premise that plaintiff knew or should've knew that his cancer was the result of his exposure to environmental hazards and chemicals when working for the railroad.

Creosote Exposure

A poisonous chemical that is used to preserve wood, creosote has been linked to several cancers, including scrotal and skin cancer. Railroad workers who were involved in the maintenance and repair of railway ties can be exposed to this substance. The National Toxicology Program has reported that workers who handle creosote face a higher risk of developing cancer that is fatal than the general population.

A recent court case where a railroad worker sought justice after being diagnosed with myeloma, alleges his occupational exposures to diesel exhaust and other environmental hazards caused the cancer. The court found that the plaintiff was aware of the potential dangers he might suffer because of his job as a railroad worker and could have learned about his injuries by conducting an exhaustive internet search prior to when he was diagnosed. Since he did not undertake this task his claim is time-barred.


In a separate instance, the railroad won its defense decision in a case filed in Philadelphia County by an ex-railroad worker. The plaintiff claimed he developed bladder cancer as a result of the exposure he had to secondhand smoke and other toxic chemicals, like creosote and diesel exhaust.

Parker Waichman has also secured defense verdicts in the cases involving other types of cancers including lung and prostate cancer, brought by former railroad employees who claimed their cancers were a result of a lifetime of exposure to toxic chemicals at work. The firm is ready to review the facts of your case and explain your options.

Asbestos Exposure

Railroad workers may be exposed to asbestos during their job. This can happen when workers handle railroad ties, or repair or install railway equipment. Asbestos is known to cause mesothelioma, lung cancer and other diseases.

In a case brought against CSX Transportation, plaintiff Ronald K. Harris claims that he was diagnosed with multiple myeloma as a result of his work with the railroad. Harris according to the suit, worked every day for CSX Transportation in its Laredo railroad yard. He inhaled "harmful and toxic chemical, agents and fumes including, but not limited to diesel exhaust, welding fumes, and creosote.

We successfully defended our client at the two-week trial of a jury in which it was claimed that repetitive bending, lifting, and twisting when working as a trackman caused lumbar disc herniation and a 25% permanent disability that resulted in a loss of wages as well as suffering and pain. The railroad was not found to be negligent and the plaintiff received a minimal award.

Environmental Exposure

Railroad workers are exposed to a variety of environmental chemicals. This exposure can lead to many health issues including multiple myeloma based on the type and extent of the work. If you or someone you love has been diagnosed with multiple myeloma as because of work done on the railroad, get in touch with Parker Waichman to discuss your options.

In Multiple myeloma lawsuit received $7.5 million from the jury after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railroads, claiming that exposure to diesel exhaust and asbestos led to his health issues.

The railroads filed a motion for summary judgment in which they claimed that at the time of the plaintiff's diagnosis, it was aware of the circumstances and causes of his injury. The court ruled in favor of the railroads' motion concluding that the plaintiff was unable to conduct a reasonable inquiry into whether his health condition was related to his work at the railroad.

In the courtroom the plaintiff presented expert evidence from an industrial hygienist and epidemiologists. The experts claimed that Harris's myeloma was a result of his exposure to diesel exhaust. The expert witness cited various studies to support this claim. These studies demonstrated a correlation between diesel exhaust and certain kinds of cancer. However, no reputable scientist has ever claimed that diesel exhaust is the cause of multiple myeloma.

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