Notes

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Multiple Myeloma Caused by Railroad Work


Under FELA railroad workers are able to sue to recover compensation for injuries. To be successful, the person who was injured must prove the railroad was negligent in causing injury.

bnsf lawsuit presented at the trial included testimony of an toxicologist who used a variety of studies and the relative risk to demonstrate that Harris’s multiple myeloma was caused by his exposure diesel exhaust.

Benzene Exposure

It 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, the chemical benzene is classified as a Group 1 Carcinogen. This chemical is found in diesel exhaust and fumes which many railroad workers are exposed to on a regular regularly.

Railroad workers can also be exposed by cleaning products such as Safety-Kleen or CRC. These kinds of cleaning products typically contain a kind of benzene known as methylbenzene. bnsf lawsuit to dioxin, a chemical when it comes into contact with water. Dioxins can cause lung cancer and other serious health issues.

Parker Waichman has represented railroad employees in personal injury lawsuits against their employers, in accordance with the FELA. For example, a jury awarded a former Chicago and North Western Railroad worker $7.5 million after he was diagnosed of acute myeloid leukemia after years of exposure to chemicals and solvents while working.

Another instance involved a plaintiff who was diagnosed with multiple myeloma following working as an engineer in the maintenance of railroad signals for several years. The plaintiff claimed that his illness was a result of exposure to diesel exhaust and benzene that he experienced while on the job. Before lung cancer lawsuit of trial, BNSF filed a motion for summary judgment based on the theory that plaintiff should have known that his cancer was related to his exposures to chemicals and environmental dangers while working in the railroad.

Creosote Exposure

Creosote, a toxic 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 often exposed to this chemical. The National Toxicology Program reported that workers who handled creosote had more risk than general public of developing lethal forms of cancer.

A recent court case in which a railway worker who was diagnosed with multiple myeloma. The case alleged that the exposure to diesel exhaust and other environmental toxins caused the cancer. The court decided that the plaintiff was aware of the potential harm from his railroad work and could have found out about his injury by conducting a fairly thorough internet search prior to the time when he was diagnosed. The plaintiff did not undertake the search and his claim has been deemed time-barred.

In a different case the railroad was able to win a defense verdict in a case filed in Philadelphia County by a former railroad worker. The plaintiff claimed he developed bladder cancer due to his exposure to secondhand smoke and other chemical substances, like creosote, diesel exhaust.

Parker Waichman has also secured defense verdicts in cases that involve other types of cancers, including prostate and lung cancer, brought by former railroad workers who alleged their cancers were related to years of exposure to toxic chemicals at work. The firm is prepared to review the details of your case, and then explain your options.

Asbestos Exposure

Railroad employees could be exposed to asbestos in their work. The exposure is most often experienced when railroad workers work with railroad ties, or repair or install railway equipment. Asbestos can cause mesothelioma or lung cancer and other diseases.

In a case filed against CSX Transportation, plaintiff Ronald K. Harris claims that he contracted multiple myeloma as a consequence of his work with the railroad. Harris, according to the suit, worked every day for CSX Transportation in its Laredo railroad yard. As a result Harris breathed in "harmful, toxic chemicals, agents, fumes, particles, and substances including but not including diesel exhaust creosote, welding fumes, carbon monoxide and phenols. dioxins and heavy metals."

We successfully defended our client during the course of a two-week jury trial which it was alleged that the repetitive bending, lifting and twisting during the course of work caused lumbar disc herniation and an indefinite disability of 25% that resulted in a loss of wages as well as pain and suffering. The railroad was found not be negligent and the plaintiff was awarded just a tiny amount.

Environmental Exposure

Railroad workers are exposed a range of chemicals in the environment. This exposure can trigger various health issues including multiple myeloma, based on the type and amount of the work. If railroad lawsuit or someone you love has been diagnosed with multiple myeloma as the result of work on the railroad, you should contact Parker Waichman to discuss your options.

In a recent case an employee of a railroad received $7.5 million from a jury following his diagnosis with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railroads, claiming that their exposure to diesel exhaust and asbestos caused his health issues.

The railroads filed a motion for summary judgement asserting that at the time of the plaintiff's diagnosis, it was aware of the factors and causes of his injury. The court agreed and granted the railroads' motion concluding that the plaintiff failed to conduct a reasonable inquiry into whether or not his illness was due to his work at the railroad.

At trial, the plaintiff presented expert testimony from an industrial hygiene specialist and epidemiologists. The expert witnesses claimed Harris's myeloma was the result of the exposure he received to diesel exhaust. Kidney cancer lawsuit provided numerous studies to back this claim. These studies revealed the connection between diesel exhaust and certain types of cancer. However, no respected scientist has ever concluded that diesel exhaust is the reason of multiple myeloma.

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