Notes

5 Lessons You Can Learn From Railroad Lawsuit Chronic Lymphocytic Leukemia
Multiple Myeloma Caused by Railroad Work

Under FELA railroad workers may sue to recover compensation for injuries. However, in order to be successful in bringing a claim the injured worker must prove that negligence by the railroad caused their injuries.

The evidence presented at the trial included the testimony from toxicologist who relied on different studies and the relative risk to show that Harris's multiple myeloma was the result of his exposure diesel exhaust.

Benzene Exposure

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 belongs to the Group 1 Carcinogen. This chemical is found in diesel fumes and many railroad workers are exposed to it.


Moreover, some railroad workers are also exposed to benzene by using cleaning products such as Safety-Kleen and CRC. These types of cleaning agents typically contain a particular type of benzene referred to as the methylbenzene. When methylbenzene is in contact with water, it's converted into a chemical called dioxin. Dioxins are a class of substances that can cause a variety of serious health problems which include lung cancer.

Esophageal cancer lawsuit has represented railroad workers in personal injury cases against their employers under the FELA. A jury gave $7.5 million to a former Chicago and North Western Railroad employee diagnosed with acute myeloid cancer following years of exposure.

Another instance involved one plaintiff who was diagnosed with multiple myeloma following working as an engineer for railroad signal maintenance for a number of years. mesothelioma lawsuit claimed his condition was the result of exposures to benzene and diesel exhaust which he was exposed to while on the job. Prior to the beginning of trial, BNSF filed a motion for summary judgment based on the notion that plaintiff should have known that his cancer was due to exposure to chemicals and environmental hazards during his railroad employment.

Creosote Exposure

Creosote is a toxic chemical used to preserve wood, has been linked with various cancers, including skin cancer and scrotal carcinoma. Lymphoma lawsuit who were involved in the maintenance and repair of railway ties can be exposed to this chemical. The National Toxicology Program has reported that workers who handle creosote are at a greater risk of developing cancer lethal than the general population.

In the recent court case, railroad workers sued after being diagnosed with multiple myeloma. He claimed that his exposure to diesel exhaust and other environmental hazards caused cancer. The court ruled that the plaintiff was aware of any potential damage he could incur due to his job at the railroad and could have discovered about his injuries by conducting a diligent internet search when the diagnosis came in. Since he did not take this step the action is 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 developed bladder cancer due to his exposure to smoke and other chemicals such as diesel exhaust and creosote.

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 caused by a lifetime of exposure to toxic chemicals while working. The firm is prepared to review your case's facts and present your options.

Asbestos Exposure

Railroad employees can be exposed to asbestos during their job. This can happen when workers manage railroad ties or repair or install railway equipment. Asbestos can cause lung cancer, mesothelioma and other illnesses.

In a case brought against CSX Transportation, plaintiff Ronald K. Interstitial lung disease lawsuit claims that he contracted multiple myeloma because of his work with the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a regular basis. In the process Harris breathed in "harmful chemicals, toxic fumes, agents, particles, and other substances which include but not limited to diesel exhaust creosote, welding fumes, carbon monoxide, phenols dioxins and heavy metals."

We successfully defended our client during a two-week jury trial in which it was alleged that repetitive stretching, lifting and twisting while working as a trackman caused herniated discs in the lumbar region and an indefinite disability of 25% which resulted in loss of wages and suffering and pain. The railroad was found not to be negligent and the plaintiff was awarded a modest award.

Environmental Exposure

Railroad workers are exposed to a number of different environmental chemicals. This exposure can lead to many health issues including multiple myeloma, depending on the type and extent of the work. Contact Parker Waichman if you or a family member has been diagnosed with myeloma after working on a railroad.

In a recent court case, an employee of a railroad was awarded $7.5 million by a jury after being diagnosed with acute myeloid lymphoma and myelodysplastic syndrome (MDS). He filed a lawsuit against two major railroads in the claim that their exposure to diesel exhaust and asbestos caused health issues.

However, the railroads filed a summary judgement motion, arguing that the plaintiff was aware of the most important facts and potential causes of his injuries at the time he was diagnosed. The court agreed and granted the railroads' motion concluding that plaintiff failed to conduct a reasonable investigation into whether his condition was related to his railroad work.

The plaintiff offered evidence from an industrial hygienist as as epidemiologists. The expert witnesses claimed Harris's myeloma was the result of his exposure to diesel exhaust. The expert witness cited numerous studies to support this assertion. These studies proved that there was a link between diesel exhaust and certain kinds of cancers. A reputable scientist, however has ever concluded that diesel exhaust is the source of multiple myeloma.

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