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Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers can sue to recover 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 their relative risks to establish that Harris's multi myeloma had been caused by the exposure to diesel exhaust.
Benzene Exposure
Exposure to benzene is linked to a range of 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, 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 routine.
Additionally, certain railroad workers are also exposed to benzene by using cleaning products like Safety-Kleen and CRC. These kinds of cleaning products typically contain a form of benzene known as the methylbenzene. When Kidney cancer lawsuit comes into contact with the water, it is converted into a chemical known as dioxin. Dioxins can cause lung cancer and other serious health issues.
Parker Waichman has represented railroad employees in personal injury lawsuits against their employers, under the FELA. For lung cancer lawsuit , a jury awarded an ex- Chicago and North Western Railroad worker $7.5 million after he was diagnosed of acute myeloidleukemia following years of exposure to solvents and chemicals on the job.
Another case involved the plaintiff who was diagnosed with multiple myeloma while working as an engineer of railroad signal maintenance for a period of time. He claimed that his illness was caused from exposure to diesel exhaust as well as the benzene that he was exposed to during his job. Before the beginning of trial, BNSF filed a motion for summary judgment based on the notion that plaintiff could have realized that his cancer was related to his exposure to chemicals as well as environmental dangers during his employment at the railroad.
Creosote Exposure
A toxic chemical that is used as a wood preserver creosote has been linked to various cancers including skin and scrotal cancer. Railroad workers who worked on the maintenance and repair of railway ties are regularly exposed to this substance. The National Toxicology Program has reported that workers who handle creosote have a higher risk of developing cancer lethal than the general population.
In an upcoming court case, railroad workers sued after being diagnosed with multiple myeloma. He claimed that his exposure to diesel exhaust and other environmental dangers led to cancer. The court ruled that the plaintiff was aware of the possibility of dangers posed by his work in the railroad and could have discovered his injury through a reasonably thorough internet search prior to the time when he was diagnosed. Since he was not able to take this step his claim is time-barred.
In a separate instance, the railroad won its defense verdict in a suit brought in Philadelphia County by an ex-railroad worker. The plaintiff claimed that he developed bladder carcinoma as a result his exposure to smoke, as well as other chemicals like 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 had been caused by exposure to toxic chemicals at work. The firm is prepared to review your case facts and explain your options.
Asbestos Exposure
Railroad employees may be exposed to asbestos during their job. This can happen when railroad workers work with railroad ties, or repair or install railway equipment. Asbestos exposure can cause mesothelioma or lung cancer and other illnesses.
Ronald K. Harris, the plaintiff in a lawsuit filed against CSX Transportation claims that he contracted multiple myeloma because of his job at the railroad. Lymphoma lawsuit as per the lawsuit, worked on a daily basis for CSX Transportation in its Laredo railroad yard. Harris breathed "harmful and toxic chemicals, agents and fumes including but not limited diesel exhaust, welding fumes and creosote.
We successfully represented our client in the two-week trial of a jury in which it was alleged that repetitive bent, lifting and twisting when working as a trackman caused lumbar disc herniation and an indefinite disability of 25% resulting in lost wages and pain and suffering. The railroad was found not to be negligent and the plaintiff was awarded a small award.
Environmental Exposure
Railroad workers are exposed to a range of chemicals in the environment. Depending on the kind of work they do and the type of work, exposure to chemicals can result in a myriad of health issues which include multiple myeloma. If you or someone you love has been diagnosed with multiple myeloma the result of work on the railroad, call Parker Waichman to discuss your options.
In a recent court case, a railroad employee was awarded $7.5 million by a jury for having been diagnosed with acute myeloid lymphoma and myelodysplastic Symptom (MDS). He sued two major railroads, alleging that their exposure to diesel exhaust and asbestos caused health issues for him.
However, the railroads filed an appeal to a summary judgment, arguing that the plaintiff was aware of most important facts and potential causes of his injury at the time of his diagnosis. The court agreed and granted the railroads' motion concluding that the plaintiff failed to make a reasonably diligent inquiry into whether the condition was connected to his work at the railroad.
In the courtroom, the plaintiff presented expert testimony from an industrial hygiene specialist and epidemiologists. The experts claimed that Harris's myeloma arose as a result of the exposure he received to diesel exhaust. The expert witness referenced a variety of studies to support this assertion. These studies proved an association between diesel exhaust and certain types of cancers. However, lung cancer lawsuit has ever concluded that diesel exhaust is the reason of multiple myeloma.
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