Notes

Here's A Little-Known Fact Regarding Railroad Lawsuit Chronic Lymphocytic Leukemia
Multiple Myeloma Caused by Railroad Work

Under FELA railroad workers are able to sue for compensation for injuries. However, to be successful in bringing a claim the injured worker must prove that negligence on the part of railroad workers caused their injuries.

The evidence presented at the trial included testimony from a toxicologist, who used various studies and relative risk factors to show that Harris's myeloma had been caused by his exposure to diesel exhaust.

Benzene Exposure

Exposure to benzene has been linked 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, the chemical benzene belongs to the Group 1 Carcinogen. This chemical is present in diesel fumes and exhaust which many railroad workers are exposed to on a daily regularly.

Some railroad workers are also exposed to cleaning products such as CRC or Safety-Kleen. These cleaning agents contain a specific benzene known as methylbenzene. The methylbenzene can be converted into dioxin, a chemical when it comes into contact with water. 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 handed down $7.5 million to an ex Chicago and North Western Railroad employee who was diagnosed with acute myeloid cancer after years of exposure.

In another case the plaintiff was diagnosed with multiple lymphoma after several years of employment as a railroad signal maintenance technician. Pancreatic cancer lawsuit claimed that his condition was caused by exposure to diesel exhaust as well as benzene exposure he experienced during his work. Prior to the start of trial, BNSF filed a motion for summary judgment based on the theory that plaintiff knew or ought to have known that his cancer was caused by exposure to chemicals and environmental dangers during his employment at the railroad.

Creosote Exposure

A poisonous chemical that is that is used as a wood preservative, creosote has been associated with several cancers, including skin and scrotal cancer. This substance is often a issue for railroad workers working on the maintenance and repair of railway ties. The National Toxicology Program has reported that those who handle creosote have a higher risk of developing lethal cancer than the general population.

A recent court case where a railroad worker sued after he was diagnosed with myeloma, alleges his occupational exposures to diesel exhaust and other environmental hazards caused the cancer. The court found that the plaintiff was aware of any potential dangers he might suffer from his railroad job and could have learned about his injury by conducting an exhaustive internet search prior to when he was diagnosed. Since he was not able to do this the action is barred.

In a different 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 had developed bladder carcinoma as a result being exposed to smoke and other chemicals such as diesel exhaust and creosote.

Parker Waichman has also obtained defense verdicts in cases involving other types cancers, such as lung and prostate cancer. These cases were brought by former railroad workers who claimed their cancers were resulted from a lifetime exposure to toxic chemicals at work. The firm is ready to review the details of your case and provide your options.

Asbestos Exposure

Asbestos can pose a risk for railroad employees. Workers are exposed to asbestos when they operate railroad ties, fix or install railway equipment, or work on railroad tie. Non-Hodgkin's lymphoma lawsuit can cause mesothelioma, lung cancer and other diseases.

In a case filed against CSX Transportation, plaintiff Ronald K. Harris claims that he developed multiple myeloma as a result of his work with the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a daily basis. Harris breathed "harmful and toxic chemicals, agents and fumes including but not limited to diesel exhaust, welding fumes and creosote.

We successfully defended our client in the two-week trial of a jury in which it was claimed that repetitive bending, lifting and twisting while working as a trackman caused herniated lumbar disks and an indefinite disability of 25% that resulted in a loss of wages as well as pain and suffering. Pancreatic cancer lawsuit was found not to be negligent and the plaintiff was awarded only a minimal award.

Environmental Exposure

Railroad workers are exposed a number of different environmental chemicals. Based on the kind of work they do, this exposure can cause a variety of health issues, including multiple myeloma. Contact Parker Waichman if you or a family member has been diagnosed with myeloma after working on railways.


In a recent case an employee of a railroad received $7.5 million from an appeals court after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He 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 judgment 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 has not made a reasonable inquiry to determine if the condition was related to his railroad employment.

The plaintiff presented expert testimony during the trial of an industrial hygienist as well as epidemiologists. Expert witnesses claimed that Harris's myeloma was the result of his exposure to diesel exhaust. The expert witness referenced a variety of studies to support this assertion. These studies demonstrated an association between diesel exhaust and certain types of cancers. A reputable scientist, however has ever concluded that diesel exhaust to be the cause of multiple myeloma.

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