Notes

10 Places Where You Can Find Railroad Lawsuit Chronic Lymphocytic Leukemia
Multiple Myeloma Caused by Railroad Work

Under FELA railroad workers are entitled to sue to recover compensation for their injuries. To be successful, the injured worker must prove the railroad was negligent in causing the accident.

The evidence presented in the trial included the testimony of a toxicologist, who used different studies and risk factors to demonstrate that Harris's myeloma had been caused by his exposure to diesel exhaust.

Benzene Exposure

Exposure to benzene has been linked with a variety of hematopoietic malignancies 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 classification of benzene is Group 1 carcinogen. The chemical is found in diesel fumes and exhaust which railroad workers are exposed to on a daily regularly.

Some railroad workers are exposed by cleaning products like Safety-Kleen or CRC. These kinds of cleaning products typically contain a form of benzene known as methylbenzene. The methylbenzene can be converted into dioxin, a chemical when it comes in contact with water. Dioxins belong to a group of substances that can lead to a variety of serious health problems such as lung cancer.

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

In another instance the plaintiff was diagnosed with multiple lymphoma after many years of service as a railway maintenance technician for signals. He alleged his condition was caused by exposures to benzene and diesel exhaust that he experienced while on the job. BNSF filed an motion for summary judgment prior to the trial began, based on the theory plaintiff knew or should have been aware that his cancer was caused by his exposure to environmental hazards and chemicals while working for the railroad.

Creosote Exposure

Creosote is a toxic chemical used to preserve wood has been linked to several cancers including skin cancer and scrotal carcinoma. This substance is often a 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 fatal forms of cancer.

In a recent court case a railroad worker sued after being diagnosed with multiple myeloma. He claimed that his work-related exposure to diesel exhaust as well as environmental dangers led to cancer. The court ruled the plaintiff was aware of the damage he could sustain from his railroad job and could have found out about his condition by conducting an exhaustive internet search prior to when the diagnosis came in. He failed to do so and the case is now time-barred.

In a separate case, the railroad was successful in defending a decision in a suit filed in Philadelphia County by a former railroad employee. The plaintiff claimed that he developed bladder cancer as a result of the exposure he had to secondhand smoke and other toxic 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 employees, who claimed their cancers were resulted from a lifetime exposure to toxic chemicals at work. The firm is prepared to review the facts of your case, and then explain your options.

Asbestos Exposure

Asbestos may pose a health risk for railroad workers. This is often the case when workers manage railroad ties, or repair or install railway equipment. Asbestos can cause mesothelioma or lung cancer and other diseases.

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

We successfully represented our clients in the trial of a jury that lasted two weeks, where it was claimed that the repetitive lifting and bending during work as trackmen caused herniated discs in the lumbar region. This resulted in permanent disability of 25% leading to loss of earnings as well as pain and discomfort. The railroad was not found to be negligent, and the plaintiff received a minimal award.

Environmental Exposure

Railroad workers are exposed to a variety of environmental chemicals. Depending on the type of work that is performed, this exposure can result in a myriad of health issues, including multiple myeloma. If you or someone you love has been diagnosed with multiple myeloma as due to work on the railroad, get in touch with Parker Waichman to discuss your options.

In a recent court case, a railroad employee was awarded $7.5 million by a juror for being diagnosed with acute myeloid leukemia and myelodysplastic Symptom (MDS). He sued two major railroads, alleging that exposure to diesel exhaust and asbestos caused his health issues.

However the railroads filed an appeal based on summary judgment, which argued that the plaintiff was aware of the most important facts and potential causes of his injury by the time he was diagnosed. The court agreed and granted the railroads' motion concluding that plaintiff failed to make a reasonably diligent inquiry into whether or not his condition was related to his work at the railroad.

The plaintiff provided expert testimony at trial from an industrial hygienist as well as epidemiologists. The expert witnesses said that Harris's myeloma is a result of his exposure to diesel exhaust. The expert witness referenced a variety of studies to support this assertion. railroad lawsuit proved a correlation between diesel exhaust and certain kinds of cancer. But, no reputable scientist has ever claimed that diesel exhaust is the reason of multiple myeloma.

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