The Secret Life Of Railroad Lawsuit Chronic Lymphocytic Leukemia
Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers may sue to recover compensation for injuries. To make a claim that is successful, the injured worker must prove that negligence by the railroad contributed to their injury.
The evidence presented during the trial included the testimony of an toxicologist, who relied on various studies and risk factors to demonstrate that Harris's myeloma had been caused by his exposure to diesel exhaust.
Benzene Exposure
There is a link between benzene and various hematopoietic cancers, including Acute Myeloid Leukemia(AML), Acute Non-Lymphocytic Leukemia(ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer (IARC) the chemical benzene is classified as a Group 1 carcinogen. This chemical is found in diesel fumes and exhaust, which many railroad workers are exposed to on a daily basis.
Additionally, some railroad workers are also exposed to benzene via cleaning products like Safety-Kleen and CRC. These kinds of cleaning agents typically contain a form of benzene, namely the methylbenzene. When methylbenzene comes into contact with the water, it's converted into a chemical called dioxin. Dioxins can cause lung cancer as well as other serious health problems.
Parker Waichman has successfully represented many railroad workers in personal injury cases against their employers under FELA. For example the jury awarded a former Chicago and North Western Railroad worker $7.5 million for the diagnosis of acute myeloid leukemia after years of exposure to solvents and chemicals while working.
Another instance involved a plaintiff diagnosed with multiple myeloma while working as an engineer for railroad signal maintenance for a number of years. He claimed his condition was caused by exposure to diesel exhaust and benzene that he encountered working. BNSF filed a summary judgment motion before the trial began on the claim that plaintiff knew or should've had the knowledge that his cancer was the result of his exposure to environmental hazards and chemicals while working for the railroad.
cancer lawsuits used to preserve wood, creosote has been associated with various cancers, including scrotal and skin cancer. This substance is often a issue for railroad workers who work on the maintenance and repair of railway ties. The National Toxicology Program has reported that those who handle creosote are at a greater risk of developing lethal cancer than the general population.
Bladder cancer lawsuit in which a railway worker filed suit after being diagnosed with multiple myeloma claims his exposure to diesel exhaust and other environmental toxins caused the cancer. The court found that the plaintiff knew of the potential dangers he might suffer from his railroad job and could have found out about his injuries by conducting an exhaustive internet search prior to when he was diagnosed. Since he did not do this the action is barred.
In a different instance, the railroad won a defense verdict in a lawsuit filed in Philadelphia County by a former railroad worker. The plaintiff claimed that he developed bladder cancer as a result of his exposure to secondhand smoke and other toxic chemicals, like creosote, diesel exhaust.
Parker Waichman has also secured defense verdicts in cases that involve different types of cancers such as prostate and lung cancer, brought by former railroad workers who claimed their cancers were related to years of exposure to toxic chemicals on the job. The firm is prepared to examine the facts of your case and discuss your options.
Asbestos Exposure
Asbestos may pose a health risk for railroad employees. Workers are exposed to asbestos when they operate railroad ties, fix or install railway equipment, or work on railroad railway ties. Asbestos can cause lung cancer, mesothelioma and other diseases.
In a case filed against CSX Transportation, plaintiff Ronald K. cancer lawsuit that he was diagnosed with multiple myeloma as a result from his work for the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a daily basis. In the process, he inhaled "harmful toxic chemicals, agents, fumes and particles, and substances which include but not limited to diesel exhaust, welding fumes, creosote, carbon monoxide and phenols. dioxins, and heavy metals."
We successfully defended our client at the two-week trial of a jury in which it was alleged that the repetitive bending, lifting and twisting while working as a trackman caused lumbar disc herniation and an indefinite disability of 25% 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 just a tiny amount.
Environmental Exposure
Railroad workers are exposed to a range of chemicals in the environment. This exposure can trigger numerous health problems such as multiple myeloma. This is based on the type and amount of the work. If you or a loved one has been diagnosed with multiple myeloma a result of work on the railroad, you should contact Parker Waichman to discuss your options.
In a recent trial, a railroad employee was awarded $7.5 million by a jury for having been diagnosed with acute myeloid lymphoma and myelodysplastic Disorder (MDS). He sued two major railroads, claiming that their exposure to asbestos and diesel exhaust led to his health issues.
The railroads filed a motion for summary judgement arguing that, at the time of the plaintiff's diagnosis, it was aware of the facts and causes of his injury. The court sided with the railroads and granted their motion concluding that the plaintiff hadn't made a reasonable inquiry to determine if his condition was connected to his railroad employment.
At trial the plaintiff offered expert testimony from an industrial hygiene specialist and epidemiologists. Expert witnesses stated that Harris's myeloma is the result of his exposure to diesel exhaust. The expert witness referenced a variety of studies to prove this. These studies showed an association between diesel exhaust and certain types of cancers. But, no reputable scientist has ever claimed that diesel exhaust is the cause of multiple myeloma.