Notes

Is Railroad Lawsuit Chronic Lymphocytic Leukemia The Greatest Thing There Ever Was?
Multiple Myeloma Caused by Railroad Work

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

The evidence presented during the trial included the testimony of toxicologist who conducted different studies and risk factors to demonstrate that Harris's multiple myeloma caused by his exposure to diesel exhaust.

Benzene Exposure


Benzene exposure is associated with a variety of hematopoietic cancers, including Acute Myeloid Leukemia (AML), Acute Non-Lymphocytic Leukemia (ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer, it is a Group 1 Carcinogen. This chemical is present in diesel exhaust and fumes which railroad workers are exposed to on a regular basis.

Some railroad workers are exposed to cleaning products such as CRC or Safety-Kleen. These cleaning agents contain a type benzene known as methylbenzene. When methylbenzene gets into contact with the water, it is converted into a chemical known as dioxin. Dioxins are a group of substances that can lead to various serious health problems such as lung cancer.

Parker Waichman has represented railroad employees in personal injury lawsuits against their employers, as part of the FELA. For example an award was made by a jury to an ex- Chicago and North Western Railroad worker $7.5 million for the diagnosis of acute myeloid leukemia following years of exposure to solvents and chemicals on the job.

In another case, a plaintiff was diagnosed with multiple lymphoma resulting from several years of working as a railroad maintenance technician for signals. He claimed that his condition was caused from exposure to diesel exhaust and benzene exposure he experienced while working. Prior to the start of trial, BNSF filed a motion for summary judgment based upon the idea that plaintiff was aware or could have realized that his cancer was related to the exposure to chemicals and environmental hazards while working for the railroad.

Creosote Exposure

A poisonous chemical that is that is used as a wood preserver creosote is associated with several cancers, including scrotal and skin cancer. Creosote is a common issue for railroad workers who work in the repair and maintenance of railway ties. The National Toxicology Program has reported that workers who work with creosote have a greater chance of developing cancer that is fatal than the general population.

A recent court case in which a railroad worker sued after he was diagnosed with multiple myeloma. The case alleged that his occupational exposures to diesel exhaust and other environmental toxins caused the 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 the injury through a reasonably diligent internet search at the time he was diagnosed. Because he failed to undertake this task, his action is time-barred.

In a different case the railroad won a defense decision in a suit filed in Philadelphia County by a former railroad worker. The plaintiff claimed that he was diagnosed with bladder cancer due to the exposure he received to smoke, as well as other chemicals like diesel exhaust and creosote.

Parker Waichman has also secured defense verdicts in the cases involving other types of cancers, such as prostate and lung cancer, brought by other former railroad workers who alleged that their cancers stemmed from an exposure to toxic chemicals while working. The firm is prepared to review the facts of your case, and then explain your options.

cancer lawsuits is a concern for railroad workers. union pacific railroad lawsuit occurs when workers manage railroad ties, or repair or install railway equipment. Asbestos can cause lung cancer, mesothelioma and other diseases.

Ronald K. Harris, the plaintiff in a lawsuit against CSX Transportation claims that he was diagnosed with multiple myeloma as a result of his work with the railroad. Harris as per the suit, worked every day for CSX Transportation in its Laredo railroad yard. In the process Harris breathed in "harmful, toxic chemicals, agents, fumes, particles, and substances which include but not restricted to diesel exhaust, welding fumes, creosote, carbon monoxide, phenols, dioxins, and heavy metals."

We successfully represented our clients at the trial of a jury that lasted two weeks, in which it was alleged that repetitive lifting and bending during work as trackmen led to herniated disks in the lumbar region and an injury that caused a 25% disability for the rest of his life resulting in lost wage and discomfort and pain. union pacific railroad lawsuit was found not to be negligent and the plaintiff was awarded a small award.

Environmental Exposure

Railroad workers are exposed to various environmental chemicals. Based 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 as a result of working on railways.

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

However the railroads subsequently filed an appeal based on summary judgment, which argued that the plaintiff was aware of the fundamental facts and possible causes of his injuries at the time of his diagnosis. The court agreed with the railroads and granted their motion, concluding that the plaintiff had not conducted a reasonable investigation to determine if the condition was due to his railroad work.

The plaintiff provided evidence from an industrial hygienist, as well as epidemiologists. The expert witnesses claimed Harris's myeloma resulted of the exposure he received to diesel exhaust. The expert witness provided numerous studies to prove this. These studies showed a correlation between diesel exhaust and certain types of cancers. No reputable scientist, however has ever claimed that diesel exhaust to be the cause of multiple myeloma.

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