Notes

The People Who Are Closest To Railroad Lawsuit Chronic Lymphocytic Leukemia Tell You Some Big Secrets
Multiple Myeloma Caused by Railroad Work

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

The evidence presented during the trial included the testimony of an toxicologist who used a variety of studies and relative risks to establish that Harris's multi myeloma was the result of his exposure to diesel exhaust.

Benzene Exposure


The benzene compound is associated with many hematopoietic tumours, including 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. The chemical is found in diesel exhaust and fumes which railroad workers are exposed to on a daily regularly.

Furthermore, some railroad employees are exposed to benzene through cleaning products such as Safety-Kleen and CRC. These cleaning agents contain a benzene type known as methylbenzene. The methylbenzene can be converted into a chemical known as dioxin when it comes in contact with water. Dioxins are a class of substances that can lead to numerous health problems which include lung cancer.

Parker Waichman has represented railroad employees in personal injury lawsuits against their employers, as part of 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 after years of exposure.

Another case involved the plaintiff who was diagnosed with multiple myeloma after working as an engineer of railroad signal maintenance for several years. He claimed that his condition was caused from exposure to diesel exhaust and by 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 theory that plaintiff was aware or could have realized that his cancer was a result of exposure to chemicals and environmental hazards during his railroad employment.

Creosote Exposure

Creosote, a poisonous chemical used to preserve wood is linked to several cancers including skin cancer and scrotal carcinoma. Railroad workers working on the maintenance and repair of railway ties are regularly exposed to this chemical. The National Toxicology Program has reported that workers who work with creosote have a higher risk of developing lethal cancer than the general population.

A recent court case where a railroad worker filed suit after being diagnosed with myeloma, alleges his occupational exposures to diesel exhaust and other environmental dangers caused the cancer. The court found that the plaintiff was aware of any potential damage he could incur due to his job at the railroad and could have found out about his injuries by conducting an extensive internet search before he was diagnosed. The plaintiff did not undertake the search and his action is now barred.

In a separate case, the railroad won its defense verdict in a lawsuit filed in Philadelphia County by an ex-railroad employee. The plaintiff claimed he developed bladder cancer as a result of the exposure he received from secondhand smoke and other chemicals, like creosote, diesel exhaust.

Parker Waichman has also obtained defense verdicts for cases involving other types of cancers such as lung and prostate cancer. These cases were brought by former railroad workers who claimed that their cancers were caused by a lifetime exposure to toxic chemicals at work. Parker Waichman is prepared to review your case's details and explain your options.

Asbestos Exposure

Asbestos is a concern for railroad workers. Workers are exposed to asbestos when they operate railroad ties, fix or install railway equipment or work on railroad ties. Lymphoma lawsuit can cause lung cancer, mesothelioma and other maladies.

In a lawsuit filed against CSX Transportation, plaintiff Ronald K. Harris alleges that he developed multiple myeloma as a consequence of his employment with the railroad. According to Lymphoma lawsuit , Harris worked for CSX Transportation at its Laredo rail yard on a daily basis. In the process Harris breathed in "harmful, toxic chemicals, fumes, substances, particles, and other substances that include but are not including diesel exhaust, welding fumes, creosote, carbon monoxide and phenols. dioxins, and heavy metals."

We successfully defended our clients in the jury trial that lasted two weeks, where it was claimed that repetitive lifting and bending during work as trackmen caused herniated disks in the lumbar area and permanent disability of 25% leading to loss of earnings and discomfort and pain. The railroad was found to not be negligent and the plaintiff received just a tiny amount.

Environmental Exposure

Railroad workers are exposed to a range of chemicals in the environment. Based on the type of work performed, this exposure can lead to numerous health problems such as multiple myeloma. Contact Parker Waichman if you or someone in your family has been diagnosed with myeloma after working on the railroad.

In a recent instance, an employee of a railroad received $7.5 million from a jury following his diagnosis with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He filed a lawsuit against two major railroads, alleging that exposure to asbestos and diesel exhaust caused his health issues.

However the railroads filed a summary judgment motion arguing that the plaintiff was aware of fundamental facts and possible causes of his injuries at the time he was diagnosed. The court agreed with the railroads and granted their motion, concluding that the plaintiff has not made a reasonable inquiry to determine if his illness was connected to his railroad work.

The plaintiff provided expert testimony at trial from an industrial hygienist as well as epidemiologists. The expert witnesses claimed that Harris's myeloma was the result of his exposure to diesel exhaust. The expert witness cited various studies to back this claim. These studies showed that there was a link between diesel exhaust and certain kinds of cancers. A reputable scientist, however has ever concluded that diesel exhaust to be the cause of multiple myeloma.

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