Notes

Question: How Much Do You Know About Railroad Lawsuit Chronic Lymphocytic Leukemia?
Multiple Myeloma Caused by Railroad Work

Under FELA railroad workers are entitled to file lawsuits to recover compensation for their injuries. However, to be successful in bringing a claim the injured party must prove that the railroad's negligence caused their injuries.

The evidence presented in the trial included testimony from toxicologist who conducted various studies and risk factors to demonstrate Harris's myeloma was caused by his exposure to diesel exhaust.


Benzene Exposure

Benzene is linked to many hematopoietic tumours 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 is classified as a Group 1 carcinogen. This chemical is present in diesel exhaust and fumes which many railroad workers are exposed to on a daily basis.

Railroad workers can also be exposed to cleaning products such as CRC or Safety-Kleen. csx railroad lawsuit cleaning products typically contain a type of benzene referred to as the methylbenzene. When methylbenzene is in contact with water, it is converted into a chemical known as dioxin. Dioxins can cause lung cancer as well as other serious health issues.

Parker Waichman has represented railroad employees in personal injury lawsuits against their employers, under the FELA. A jury gave $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 a plaintiff who was diagnosed with multiple myeloma after working as a railroad signal maintenance engineer for several years. He claimed that his condition was caused from exposure to diesel exhaust and by the benzene that he was exposed to on the job. Prior to the start of trial, BNSF filed a motion for summary judgment based on the theory that plaintiff ought to have known that his cancer was due to his exposure to chemicals as well as environmental hazards while working for the railroad.

Creosote Exposure

Creosote, a toxic chemical used to preserve wood has been linked to various cancers, including skin cancer and scrotal carcinoma. Railroad workers working on the maintenance and repair of railway ties are often exposed to this substance. The National Toxicology Program has reported that workers who handle creosote have a higher risk of developing cancer that is fatal than the general population.

A recent court case in which a railroad worker sought justice after being diagnosed with myeloma, alleges his exposure to diesel exhaust and other environmental hazards caused the cancer. The court found that the plaintiff knew of the potential harm he could suffer from his work at the railroad, and could have learned about his injury by conducting an extensive internet search before the diagnosis came in. The plaintiff did not make the effort and his action has been deemed time-barred.

In BNSF Railway lawsuit was able to win a defense verdict in a lawsuit filed in Philadelphia County by a former railroad worker. The plaintiff claimed that he had developed bladder cancer due to his exposure to secondhand smoke and other chemicals like creosote, diesel exhaust.

Parker Waichman has also obtained defense verdicts for cases involving other types of cancers, like prostate and lung cancer. These cases were filed by former railroad workers who claimed their cancers were caused by a lifetime exposure to toxic chemicals at work. The firm is ready to review the facts of your case and provide you with options.

Asbestos Exposure

Asbestos is a concern for railroad workers. Workers are exposed to asbestos while they work on railroad ties, repair or install railway equipment, or work on railroad tracks. Asbestos can cause mesothelioma, lung cancer and other maladies.

Ronald K. Harris, the plaintiff in a lawsuit against CSX Transportation claims that he contracted multiple myeloma due to his job at the railroad. Harris, according to the lawsuit, was employed every day by CSX Transportation in its Laredo railroad yard. He inhaled "harmful and toxic chemicals, agents and fumes including but not restricted to diesel exhaust, welding fumes, and creosote.

We successfully defended our clients during a jury trial lasting two weeks. It was alleged that repetitive lifting and bending as trackmen resulted in herniated disks in the lumbar region, causing an injury that caused a 25% disability for the rest of his life resulting in lost wage and discomfort and pain. The railroad was found not to be negligent, and the plaintiff was awarded a modest award.

Environmental Exposure

Railroad workers are exposed to a number of different environmental chemicals. This exposure can cause many health issues including multiple myeloma, depending on the nature and severity of the work. If you or someone you love has been diagnosed with multiple myeloma a result of work on the railroad, call Parker Waichman to discuss your options.

In a case that was recently heard, railroad workers received $7.5 million from an appeals court after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. union pacific railroad lawsuits filed a lawsuit against two major railroads, claiming their exposure to diesel exhaust and asbestos caused health issues.

The railroads filed a motion for summary judgement arguing that at the time of the plaintiff's diagnosis the plaintiff was aware of all the facts and causes of his injury. The court agreed with the railroads and granted their motion concluding that the plaintiff hadn't made a reasonable inquiry to determine if his illness was due to his railroad employment.

The plaintiff gave expert testimony at trial from an industrial hygiene specialist as well as epidemiologists. The experts claimed that Harris's myeloma was the result of the exposure he received to diesel exhaust. The expert witness provided numerous studies to support this assertion. These studies proved a correlation between diesel exhaust and certain kinds of cancer. However, no reputable scientist has ever claimed that diesel exhaust is the main cause of multiple myeloma.

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