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Multiple Myeloma Caused by Railroad Work
Under FELA railroad employees can make lawsuits to claim compensation for their injuries. However, in order to be successful in bringing a claim the injured worker must show that negligence on the part of railroad workers caused their injury.
The evidence in the trial included the testimony of toxicologist who conducted various studies and relative risk factors to establish that Harris's multiple myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
There is a link between benzene and 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 (IARC) the chemical the chemical is classified as a Group 1 carcinogen. This chemical is present in diesel fumes and exhaust that many railroad workers are exposed to on a regular basis.
Moreover, some railroad workers are exposed to benzene through cleaning products such as Safety-Kleen or CRC. These types of cleaning agents typically contain a type of benzene, namely the methylbenzene. When methylbenzene comes into contact with water, it is converted into a chemical called dioxin. Dioxins belong to a group of substances that can lead to many serious health problems including lung cancer.
Parker Waichman has successfully represented numerous railroad workers in personal injury lawsuits against their employers under FELA. For example an award was made by a jury to a former Chicago and North Western Railroad worker $7.5 million after he was diagnosed of acute myeloidleukemia following years of exposure to chemicals and solvents while working.
In a different case the plaintiff was diagnosed with multiple lymphoma after many years of work as a railway maintenance technician for signals. He claimed that his condition was caused from exposure to diesel exhaust and benzene exposure he experienced while working. BNSF filed an appeal to dismiss the summary judgment before the trial began on the premise that plaintiff knew or should've had the knowledge that his cancer was caused by his exposure to chemicals and environmental hazards while working for the railroad.
Creosote Exposure
Creosote is a toxic chemical used to preserve wood is linked to several cancers including skin cancer and scrotal carcinoma. Creosote is a common problem for railroad workers who work on the maintenance and repairs of railway ties. The National Toxicology Program has reported that those who handle creosote have a higher risk of developing cancer lethal than the general population.
In a recent court case an employee of a railroad filed suit after being diagnosed with multiple myeloma. He claimed that his occupational exposure to diesel exhaust and environmental hazards caused cancer. The court found that the plaintiff knew of the potential damage he could sustain due to his job at the railroad and could have discovered about his injuries by conducting an extensive internet search before he was diagnosed. Since acute myeloid leukemia lawsuit did not do this his claim is time-barred.
In a different instance, the railroad was able to win a defense verdict in a lawsuit brought in Philadelphia County by a former railroad worker. The plaintiff claimed that he had developed bladder cancer as a result of his occupational exposure to secondhand smoke and other chemicals like creosote or diesel exhaust.
Parker Waichman has also obtained defense verdicts in cases involving other types cancers, including prostate and lung cancer. These cases were brought by former railroad employees who claimed that their cancers were due to a lifetime exposure to toxic chemicals at work. Parker Waichman is prepared to review the facts of your case and explain your options.
Asbestos Exposure
Railroad employees can be exposed to asbestos in their work. This can happen when workers manage railroad ties or repair or install railway equipment. Asbestos exposure can result in mesothelioma, lung cancer and other diseases.
In a case brought against CSX Transportation, plaintiff Ronald K. Harris alleges that he contracted multiple myeloma as a result from his work for the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a regular basis. He breathed "harmful and toxic chemical, agents and fumes including, but not limited to diesel exhaust, welding fumes, and creosote.
railroad workers cancer lawsuit defended our client at the two-week trial of a jury in which it was alleged that the repetitive bent, lifting and twisting when working as a trackman caused herniated discs in the lumbar region and an indefinite disability of 25% that resulted in a loss of wages as well as suffering and pain. acute myeloid leukemia lawsuit was not found to be negligent, and the plaintiff received a minimal award.
Environmental Exposure
Railroad workers are exposed a range of chemicals in the environment. Depending on the type of work that is performed this exposure can result in a myriad of health issues including multiple myeloma. Contact Parker Waichman if you or someone in your family has been diagnosed with myeloma following working on the railroad.
In a recent case an employee of a railroad received $7.5 million from an appeals court after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railways in the claim that their exposure to asbestos and diesel exhaust caused health issues.
The railroads filed a motion for summary judgment asserting that at the time of the plaintiff's diagnosis it was aware of the facts and causes of his injury. The court sided with the railroads and granted their motion concluding that the plaintiff had not conducted a reasonable investigation to determine whether his condition was connected to his employment at a railroad.
In the courtroom the plaintiff offered expert testimony from an industrial hygiene specialist and epidemiologists. The expert witnesses claimed Harris's myeloma arose as a result of his exposure to diesel exhaust. In support of this claim the expert witness cited numerous studies that demonstrated that there was a link between certain kinds of cancer and diesel exhaust. However, no credible scientist has ever concluded that diesel exhaust is a cause of multiple myeloma.
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