Notes

Ten Railroad Lawsuit Chronic Lymphocytic Leukemias That Really Change Your Life
cancer lawsuits Caused by Railroad Work

Under FELA railroad workers may sue to obtain compensation for injuries. To be successful, the injured party must prove the railroad was negligent in causing the accident.

The evidence presented during the trial included the testimony of a toxicologist who used different studies and risk ratios to demonstrate that Harris’s multiple myeloma had been caused by the exposure to diesel exhaust.

Benzene Exposure

Benzene is linked to many hematopoietic tumours 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. This chemical can be found in diesel fumes and many railroad workers are frequently exposed to it.

Railroad workers can also be exposed by cleaning products such as Safety-Kleen or CRC. These cleaning agents contain a benzene type known as methylbenzene. The methylbenzene converts to a chemical known as dioxin when it comes in contact with water. Dioxins can cause lung cancer and other serious health problems.

Parker Waichman has represented railroad workers in personal injury cases against their employers, under the FELA. A jury handed down $7.5 million to an ex Chicago and North Western Railroad employee who was diagnosed with acute myeloid cancer following years of exposure.

In a different case the plaintiff was diagnosed with multiple lymphoma after several years of employment as a railway maintenance technician for signals. He claimed his condition was caused by exposures to diesel exhaust and benzene that he experienced while on the job. union pacific railroad lawsuit filed a summary judgement motion prior to the trial started on the theory plaintiff knew or should've been aware that his cancer was caused by his exposure to environmental hazards and chemicals when working for the railroad.

Creosote Exposure

A poisonous chemical that is used to preserve wood, creosote has been associated with various cancers, including skin and scrotal cancer. It is a frequent issue for railroad workers who work 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 employee who was diagnosed with multiple myeloma alleges his occupational exposures to diesel exhaust and other environmental hazards caused the cancer. The judge ruled that the plaintiff was aware of the possibility of damage he could suffer from his work on railroads and might have discovered his injuries through a reasonably diligent internet search at the time that he was diagnosed. Because he failed to undertake this task the action is barred.

In a different instance, the railroad was successful in defending a verdict in a lawsuit 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 chemicals such as diesel exhaust, and creosote.

Parker Waichman has also obtained defense verdicts in cases involving different types of cancers, such as lung and prostate cancer. These cases were filed by former railroad workers who claimed their cancers were caused by a lifetime exposure to toxic chemicals at work. The firm is prepared to examine the facts of your case and provide your options.

Asbestos Exposure

Asbestos can pose a risk for railroad workers. Workers are exposed to asbestos while they work on railroad ties, fix or install railway gear, or work on railroad tie. Asbestos can cause lung cancer, mesothelioma and other diseases.

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

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


Environmental Exposure

Railroad workers are exposed a number of different environmental chemicals. This exposure can trigger various health issues including multiple myeloma, based on the type and extent of the work. Contact Parker Waichman if you or a family member has been diagnosed with myeloma following working on railways.

In a case that was recently heard, a railroad worker received $7.5 million from the jury after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He filed a lawsuit against two major railroads, claiming that their exposure to diesel exhaust and asbestos caused his health problems.

However the railroads brought a summary judgment motion arguing that the plaintiff was aware of crucial facts and the possible causes of his injuries at the time of his diagnosis. The court ruled in favor of the railroads' motion concluding that plaintiff failed to conduct a reasonable inquiry into whether his condition was related to his railroad work.

At trial, the plaintiff presented expert testimony from an industrial hygienist and epidemiologists. Expert witnesses stated that Harris's myeloma is the result of his exposure diesel exhaust. In support of this assertion the expert witness cited various studies that revealed that there was a link between certain kinds of cancers and diesel exhaust. However, union pacific railroad lawsuit , has ever concluded diesel exhaust is the source of multiple myeloma.

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