Notes

For Whom Is Railroad Lawsuit Chronic Lymphocytic Leukemia And Why You Should Consider Railroad Lawsuit Chronic Lymphocytic Leukemia
Multiple Myeloma Caused by Railroad Work


Under FELA railroad workers are entitled to bring lawsuits to seek compensation for their injuries. To bring a successful claim, the injured worker must show that negligence on the part of the railroad contributed to their injury.

The evidence presented at the trial included testimony of toxicologist who relied on different studies and the relative risk to show that Harris's multiple myeloma had been caused by the exposure to diesel exhaust.

Benzene Exposure

The benzene compound is associated with a number of hematopoietic tumors, including Acute Myeloid Leukemia(AML), Acute Non-Lymphocytic Leukemia(ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer (IARC) the chemical benzene is classified as a Group 1 carcinogen. This chemical is present in diesel fumes and exhaust which many railroad workers are exposed to on a daily regularly.

Additionally, some railroad workers are also exposed to benzene from cleaning products such as Safety-Kleen and CRC. These cleaning agents contain a benzene type known as methylbenzene. The methylbenzene is converted to a chemical known as dioxin when it comes into contact with water. Dioxins are a group of substances that can lead to various serious health issues such as lung cancer.

Parker Waichman has represented railroad employees in personal injury lawsuits against their employers, under the FELA. A jury awarded $7.5 million to a former 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 after several years of working as a railroad maintenance technician for signals. The plaintiff claimed that his illness was caused by exposures to benzene and diesel exhaust that he experienced while working. BNSF filed an motion for summary judgment prior to the trial began based on the idea that plaintiff knew or should have had the knowledge that his cancer was the result of his exposure to environmental hazards and chemicals when working for the railroad.

Creosote Exposure

Creosote, a poisonous chemical used to preserve wood, has been linked with various cancers, including skin cancer and scrotal 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 those who handled creosote were at greater risk than the general population of developing lethal forms of cancer.

A recent court case in which a railroad employee sued after he was diagnosed with myeloma, alleges the exposure to diesel exhaust as well as other environmental hazards caused the cancer. The court ruled that the plaintiff was aware of the potential dangers he might suffer from his railroad job and could have learned about his injuries by conducting an exhaustive internet search prior to when he was diagnosed. Since he did not do this his action is deemed to be time-barred.

In a different case the railroad was successful in defending a verdict in a case filed in Philadelphia County by a former railroad worker. The plaintiff claimed that he had developed bladder cancer due to his occupational exposure to smoke and other chemical substances such as diesel exhaust and creosote.

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 resulted from a lifetime exposure to toxic chemicals at work. The firm is ready to review the facts of your case and explain your options.

Asbestos Exposure

Railroad employees can be exposed to asbestos during their job. This is often the case when workers handle railroad ties, or repair or install railway equipment. Asbestos exposure can result in mesothelioma, lung cancer, and other illnesses.

Ronald K. Harris, the plaintiff in a lawsuit against CSX Transportation claims that he was diagnosed with multiple myeloma as a result of his work at the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a daily basis. As a result the worker breathed "harmful toxic chemicals, agents, fumes, particles, and other substances that include but are not including diesel exhaust creosote, welding fumes, carbon monoxide, phenols, dioxins, and heavy metals."

We successfully represented our clients in the trial of a jury that lasted two weeks, in which it was alleged that repetitive lifting and bending during work as trackmen caused herniated discs in the lumbar region and an impairment of 25% resulting in lost wage and discomfort and pain. Bladder cancer lawsuit was found not be negligent, and the plaintiff received only a minimal award.

Environmental Exposure

Railroad workers are exposed to a variety of environmental chemicals. This exposure can trigger numerous health problems including multiple myeloma based on the type and amount of the work. Contact Parker Waichman if you or a family member has been diagnosed with myeloma following working on railways.

In a recent case an employee of a railroad received $7.5 million from an appeals court after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He filed a lawsuit against two major railroads for claiming that exposure to asbestos and diesel exhaust caused health issues.

However the railroads subsequently filed a summary judgement motion, arguing that the plaintiff was aware of the fundamental facts and possible reasons for his injury at the time he was diagnosed. The court sided with the railroads and granted their motion concluding that the plaintiff has not made a reasonable inquiry to determine if his illness was connected to his railroad employment.

The plaintiff gave expert testimony at trial from an industrial hygienist, as well as epidemiologists. The expert witnesses claimed Harris's myeloma resulted of his exposure to diesel exhaust. To support this claim the expert witness cited numerous studies that demonstrated the connection between certain types of cancers and diesel exhaust. There is no credible scientist, however has ever concluded that diesel exhaust is the cause of multiple myeloma.

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