Notes

The Next Big Trend In The Railroad Lawsuit Chronic Lymphocytic Leukemia Industry
Multiple Myeloma Caused by Railroad Work

Under FELA railroad workers are able to sue to obtain compensation for injuries. In order to succeed in bringing a claim, the injured person must prove that negligence on the part of railroad workers contributed to their injuries.

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

Benzene Exposure

Exposure to benzene has been linked with a range 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, the chemical benzene is classified as a Group 1 Carcinogen. This chemical can be found in diesel fumes, and railroad workers are regularly exposed to it.

Additionally, some railroad workers are exposed to benzene through cleaning products such as Safety-Kleen or CRC. These cleaning products typically contain a form of benzene called the methylbenzene. When railroad lawsuit gets into contact with water, it's converted into a chemical called dioxin. Dioxins can cause lung cancer and other serious health problems.

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

Another instance involved a plaintiff diagnosed with multiple myeloma following working as an engineer in the maintenance of railroad signals for several years. The plaintiff claimed that his condition was caused by exposure to benzene and diesel exhaust that he was exposed to working. BNSF filed a summary judgement motion prior to the trial began based on the claim that plaintiff knew or should've had the knowledge that his cancer was caused by exposure to chemicals and environmental hazards while working for the railroad.

Creosote Exposure

A toxic chemical that is used as a wood preserver, creosote has been associated with various cancers, including scrotal and skin cancer. Railroad workers who work on the maintenance and repair of railway ties can be exposed to this substance. The National Toxicology Program has reported that workers who handle creosote are at a greater risk of developing cancer that is fatal than the general population.

A recent court case where a railroad worker filed suit after being diagnosed with myeloma, alleges his occupational exposures to diesel exhaust as well as other environmental hazards caused the cancer. The court found that the plaintiff was aware of the potential harm from his railroad work and could have discovered his injury by conducting a fairly thorough internet search at the time that he was diagnosed. He failed to do so and his case has been deemed time-barred.

In a different instance, the railroad won a defense verdict in a case filed in Philadelphia County by a former railroad employee. The plaintiff claimed that the cause of his illness was bladder cancer due to the exposure he received to smoke and other chemical substances such as diesel exhaust and creosote.

Parker Waichman has also obtained defense verdicts for cases involving other types of cancers such as lung and prostate cancer. These cases were brought by former railroad employees who claimed their cancers had been due to a lifetime exposure to toxic chemicals at work. The firm is prepared to review your case facts and discuss your options.

Asbestos Exposure

Railroad employees could be exposed to asbestos in their work. Workers are exposed to asbestos when they work with railroad ties, repair or install railway equipment or work on railroad railway ties. Asbestos is known to cause lung cancer, mesothelioma and other diseases.

In a lawsuit filed against CSX Transportation, plaintiff Ronald K. Harris claims that he developed multiple myeloma because from his work for the railroad. Harris as per the lawsuit, worked on a daily basis for CSX Transportation in its Laredo railroad yard. As a result, he inhaled "harmful toxic chemicals, fumes, substances, particles, and other substances which include but not only diesel exhaust, welding fumes, creosote, carbon monoxide and phenols. dioxins, and heavy metals."

We successfully defended our client during the two-week trial of a jury in which it was claimed that the repetitive stretching, lifting and twisting while working as a trackman caused herniated discs in the lumbar region and an indefinite disability of 25% resulting in lost wages and suffering and pain. The railroad was found to not be negligent and the plaintiff received only a small amount.

Environmental Exposure

Railroad workers are exposed a number of different environmental chemicals. The exposure can result in 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 due to working on railways.

In a recent court case, a railroad employee was awarded $7.5 million by a jury for having been diagnosed with acute myeloid lymphoma and myelodysplastic Syndrome (MDS). He sued two major railroads, alleging that exposure to diesel exhaust and asbestos caused his health issues.

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

In the courtroom the plaintiff provided expert testimony from an industrial hygienist and epidemiologists. Expert witnesses claimed that Harris's myeloma arose as a result of the exposure he received to diesel exhaust. To prove this assertion the expert witness cited several studies that proved the connection between certain types of cancer and diesel exhaust. No reputable scientist, however has ever claimed that diesel exhaust is the cause of multiple myeloma.


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