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Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers may sue to recover compensation for injuries. To be successful, the injured worker will need to prove that the railroad was negligent in causing the injury.
The evidence presented in the trial included the testimony of an toxicologist, who relied on various studies and relative risk factors to prove that Harris's multiple myeloma caused by his exposure to diesel exhaust.
Benzene Exposure
It 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 it is classified as a Group 1 carcinogen. Bladder cancer lawsuit can be found in diesel fumes, and many railroad workers are exposed to it.
Moreover, some railroad workers are also exposed to benzene by using cleaning products like Safety-Kleen as well as CRC. These types of cleaning agents typically contain a form of benzene referred to as methylbenzene. The methylbenzene converts to dioxin, a chemical when it comes into contact with water. Dioxins can cause lung cancer and other serious health issues.
Parker Waichman has successfully represented many railroad workers in personal injury lawsuits against their employers under FELA. cancer lawsuits awarded $7.5 million to a former Chicago and North Western Railroad employee who was diagnosed with acute myeloid tumors after years of exposure.
In another case, a plaintiff was diagnosed with multiple lymphoma after several years of working as a railroad maintenance technician for signals. The plaintiff claimed that his illness was caused by exposures to benzene and diesel exhaust that he was exposed to working. Prior to the commencement 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 due to exposure to chemicals and environmental hazards during his railroad employment.
Creosote Exposure
Creosote is a toxic chemical used to preserve wood has been linked to various cancers, including skin cancer and scrotal cancer. This chemical is often a issue for railroad workers who work on the maintenance and repairs of railway ties. The National Toxicology Program has reported that workers who handle creosote have a higher risk of developing lethal cancer than the general population.
In the recent court case, an employee of a railroad filed suit after being diagnosed with multiple myeloma. He claimed that his exposure to diesel exhaust and environmental hazards led to the development of cancer. The court decided that the plaintiff was aware of the potential damage he could incur from his railroad job and could have learned about his condition by conducting a diligent internet search when he was diagnosed. He failed to do so 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 employee. Non-Hodgkin's lymphoma lawsuit claimed he developed bladder cancer due to his exposure to secondhand smoke and other toxic chemicals, like creosote, diesel exhaust.
Parker Waichman has also obtained defense verdicts in cases involving other types of cancers, like prostate and lung cancer. These cases were brought by former railroad workers, who claimed their cancers had been caused by exposure to toxic chemicals at work. The firm is available to review the facts of your case and discuss your options.
Asbestos Exposure
Railroad employees may be exposed to asbestos during their job. This is often the case when workers are handling railroad ties or repair or install railway equipment. 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 work with the railroad. Harris, according to the suit, worked every day for CSX Transportation in its Laredo railroad yard. In the process Harris breathed in "harmful chemical substances, toxic chemicals, fumes, agents, particles, and other substances, including but not including diesel exhaust creosote, welding fumes, carbon monoxide and phenols. dioxins, and heavy metals."
We successfully defended our client in the course of a two-week jury trial which it was alleged that repetitive bent, lifting and twisting during the course of work caused lumbar disc herniation and a 25% permanent disability that resulted in a loss of wages as well as pain and suffering. The railroad was found to not be negligent and the plaintiff was awarded only a small amount.
Environmental Exposure
Railroad workers are exposed to a range of chemicals in the environment. This exposure can trigger a variety of health problems including multiple myeloma, depending on the nature and severity of the work. Contact Parker Waichman if you or a family member has been diagnosed with myeloma as a result of working on the railroad.
In a recent trial, a railroad employee was awarded $7.5 million by a jury after being diagnosed with acute myeloid lymphoma and myelodysplastic syndrome (MDS). He filed a lawsuit against two major railroads for claiming that exposure to diesel exhaust and asbestos caused his health issues.
However Leukemia lawsuit brought an appeal to a summary judgment, arguing that the plaintiff was aware of most important facts and potential causes of his injury by the time of his diagnosis. The court agreed and granted the railroads' motion, concluding that the plaintiff had failed to conduct a reasonable inquiry into whether or not his condition was connected to his employment at a railroad.
At trial, the plaintiff presented expert testimony from an industrial hygienist and epidemiologists. The experts claimed that Harris's myeloma was the result of the exposure he received to diesel exhaust. To support this claim the expert witness cited various studies that revealed the connection between certain types of cancers and diesel exhaust. No reputable scientist, however has ever concluded that diesel exhaust is the source of multiple myeloma.
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