Notes

Are Railroad Lawsuit Chronic Lymphocytic Leukemia The Best There Ever Was?
Multiple Myeloma Caused by Railroad Work

Under FELA railroad workers may sue to obtain compensation for injuries. However, in order to bring a successful claim, the injured worker must prove that negligence on the part of railroad workers caused their injury.

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

Benzene Exposure

Benzene exposure is associated with 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, it is a Group 1 Carcinogen. This chemical can be found in diesel fumes, and railroad workers are exposed to it.

Moreover, some railroad workers are also exposed to benzene by using cleaning products like Safety-Kleen and CRC. These cleaning products contain a type benzene known as methylbenzene. The methylbenzene can be converted into a chemical known as dioxin when it comes in contact with water. Dioxins belong to a group of substances that can cause numerous health issues, including lung cancer.

Parker Waichman has successfully represented many railroad workers in personal injury claims against their employers under FELA. For instance the jury awarded an ex- Chicago and North Western Railroad worker $7.5 million for his diagnosis of acute myeloid leukemia following years of exposure to solvents and chemicals while working.

Another instance involved the plaintiff who was diagnosed with myeloma after working as an engineer in the maintenance of railroad signals for a number of years. He claimed that his condition was caused by exposure to diesel exhaust as well as the benzene that he was exposed to during his job. Prior to the start of trial, BNSF filed a motion for summary judgment based upon the idea that plaintiff was aware or ought to have known that his cancer was a result of the exposure to chemicals and environmental dangers during his employment at the railroad.

Creosote Exposure

Creosote, a poisonous chemical used to preserve wood has been linked to various cancers, including skin cancer and scrotal carcinoma. This substance is often a issue for railroad workers working in the repair and maintenance of railway ties. The National Toxicology Program reported that those who handled creosote were at greater risk than the general population of developing lethal forms of cancer.

In the recent court case, railroad workers sued after being diagnosed with multiple myeloma. He claimed that exposure to diesel exhaust and environmental hazards led to the development of cancer. The court decided that the plaintiff was aware of the possibility of negative effects of his work at the railroad and could have discovered his injury by conducting a fairly thorough internet search at the time he was diagnosed. The plaintiff did not undertake the search and his action is now barred.

In a separate case, the railroad was successful in defending its verdict in a suit brought in Philadelphia County by an ex-railroad worker. The plaintiff claimed that he had developed bladder carcinoma as a result his exposure to smoke, other chemicals like diesel exhaust and creosote.

Parker Waichman has also secured defense verdicts in cases that involve other types of cancers, including lung and prostate cancer, brought by former railroad workers who claimed their cancers were caused by a lifetime of exposure to toxic chemicals while working. The firm is prepared to review the details of your case and provide your options.

Bladder cancer lawsuit can be a problem for railroad workers. This exposure often occurs when workers manage railroad ties or repair or install railway equipment. Asbestos exposure can cause mesothelioma or lung cancer and other diseases.

In Leukemia lawsuit filed against CSX Transportation, plaintiff Ronald K. Harris alleges that he developed multiple myeloma due to the effects of his work with the railroad. Harris, according to the lawsuit, worked on a daily basis for CSX Transportation in its Laredo railroad yard. He breathed "harmful and toxic fumes, chemicals, and agents including but not limited to diesel exhaust, welding fumes, and creosote.

We successfully represented our clients in the trial of a jury that lasted two weeks, in which it was claimed that the repetitive lifting and bending as trackmen resulted in herniated disks in the lumbar area and a 25% disability permanent which resulted in a loss of wage and discomfort and pain. Pancreatic cancer lawsuit was found not be negligent and the plaintiff was awarded only a minimal award.

Environmental Exposure

Railroad workers are exposed to various environmental chemicals. The exposure can result in numerous health problems including multiple myeloma, depending on the type and amount of the work. Contact Parker Waichman if you or a family member has been diagnosed with myeloma following working on railways.

In a recent trial, an employee of a railroad was awarded $7.5 million by a jury for having been diagnosed with acute myeloid lymphoma and myelodysplastic Syndrome (MDS). He filed a lawsuit against two major railroads, alleging that exposure to diesel exhaust and asbestos caused his health issues.

The railroads filed an appeal for summary judgment arguing that, at the time of the plaintiff's diagnosis the plaintiff was aware of all the factors and causes of his injury. The court agreed and granted the railroads' motion, concluding that the plaintiff was unable to conduct a reasonable investigation into whether his condition was related to his railroad employment.

At trial the plaintiff presented expert testimony from an industrial hygiene specialist and epidemiologists. The expert witnesses stated that Harris's myeloma may be the result of his exposure diesel exhaust. In support of this assertion the expert witness cited various studies that revealed an association between certain types of cancer and diesel exhaust. But, no reputable scientist has ever concluded that diesel exhaust is the reason of multiple myeloma.


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