Notes

The History Of Railroad Lawsuit Chronic Lymphocytic Leukemia
Multiple Myeloma Caused by Railroad Work

Under FELA, railroad workers can bring lawsuits to seek compensation for their injuries. To be successful, the injured worker will have to prove the railroad was negligent in causing the accident.

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

Benzene Exposure

It is linked to several hematopoietic tumors which include Acute Myeloid Leukemia(AML), Acute Non-Lymphocytic Leukemia(ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer (IARC) the chemical the chemical is classified as a Group 1 carcinogen. The chemical is found in diesel fumes and exhaust which railroad workers are exposed to on a regular routine.

Railroad workers may also be exposed to cleaning products like Safety-Kleen or CRC. Stomach cancer lawsuit of cleaning products typically contain a kind of benzene known as methylbenzene. When methylbenzene comes into contact with the water, it transforms into a chemical called dioxin. Dioxins are a group of substances that can lead to numerous health problems such as lung cancer.

Parker Waichman has successfully represented numerous railroad employees in personal injury claims against their employers under FELA. A jury gave $7.5 million to an ex- Chicago and North Western Railroad employee diagnosed with acute myeloid cancer after years of exposure.

In a different case the plaintiff was diagnosed with multiple lymphoma resulting from several years of employment as a railroad signal maintenance technician. The plaintiff claimed that his illness was the result of exposures to benzene and diesel exhaust which he was exposed to while working. BNSF filed an motion for summary judgment prior to the trial started on the theory plaintiff knew or should have been aware that his cancer was the result of his exposure to environmental hazards and chemicals while working for the railroad.

Creosote Exposure

Creosote, a poisonous chemical used to preserve wood, has been linked with several cancers including skin cancer and scrotal cancer. It is a frequent issue for railroad workers working on the maintenance and repair of railway ties. The National Toxicology Program reported that those who handled creosote were at a higher risk than the general population of developing lethal forms of cancer.

A recent court case in which a railroad worker filed suit after being diagnosed with multiple myeloma claims his exposure to diesel exhaust and other environmental hazards caused the cancer. The court found that the plaintiff was aware of the potential harm from his railroad work and might have discovered his injuries through a reasonably diligent internet search at the time he was diagnosed. Because mesothelioma lawsuit failed to undertake this task, his action is time-barred.


In a separate case the railroad was successful in defending its verdict in a suit brought in Philadelphia County by an ex-railroad worker. The plaintiff claimed that he was diagnosed with bladder carcinoma as a result the exposure he received to smoke, as well as other chemicals such as diesel exhaust and creosote.

Parker Waichman has also secured defense verdicts in cases involving other types of cancers, including lung and prostate cancer, which was brought by former railroad workers who claimed that their cancers stemmed from years of exposure to toxic chemicals at work. The firm is available to review your case's details and discuss your options.

Asbestos Exposure

Asbestos may pose a health risk for railroad employees. Stomach cancer lawsuit is often the case when workers handle railroad ties or repair or install railway equipment. Asbestos is known to cause mesothelioma, lung cancer and other maladies.

Ronald K. Harris, the plaintiff in a lawsuit against CSX Transportation claims that he contracted multiple myeloma due to his job at the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a regular basis. In the process Harris inhaled "harmful chemicals, toxic agents, fumes and particles, and other substances that include but are not only diesel exhaust creosote, welding fumes, carbon monoxide, phenols, dioxins and heavy metals."

We successfully defended our clients in a jury trial lasting two weeks. It was alleged repetitive lifting and bending while working as trackmen caused herniated discs in the lumbar region, causing an injury that caused a 25% disability for the rest of his life which resulted in a loss of wage and discomfort and pain. The railroad was found not to be negligent, and the plaintiff received a modest award.

Environmental Exposure

Railroad workers are exposed to a variety of environmental chemicals. This exposure can lead to various health issues such as multiple myeloma. This is based 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 railroads.

In a recent case railroad workers received $7.5 million from a jury after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railroads, alleging that their exposure to asbestos and diesel exhaust caused his health issues.

The railroads filed a motion for summary judgment asserting that at the time of the plaintiff's diagnosis, he was aware of all the factors and causes of his injury. The court agreed and granted the railroads' motion, concluding that the plaintiff had failed to make a reasonably diligent inquiry into whether his health condition was related to his railroad work.

At trial, the plaintiff presented expert testimony from an industrial hygiene specialist and epidemiologists. The experts claimed that Harris's myeloma resulted of his exposure to diesel exhaust. To support this claim the expert witness cited various studies that revealed an association between certain types of cancer and diesel exhaust. However, no reputable scientist has ever concluded that diesel exhaust to be the cause of multiple myeloma.

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