Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are able to bring lawsuits to seek compensation for their injuries. In order to be successful in bringing a claim the injured worker must prove that negligence on the part of the railroad was the cause of their injury.
The evidence presented at the trial included the testimony from toxicologist who relied on different studies and the relative risk to prove that Harris's multiple myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
The exposure to benzene can be linked to various hematopoietic cancers which include Acute Myeloid Leukemia (AML), Acute Non-Lymphocytic Leukemia (ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer (IARC), it is classified as a Group 1 carcinogen. This chemical is present in diesel fumes and exhaust, which many railroad workers are exposed to on a daily regularly.
Railroad workers can also be exposed to cleaning products such as Safety-Kleen or CRC. These cleaning products contain a type benzene known as methylbenzene. When Bladder cancer lawsuit gets into contact with the water, it transforms into a chemical called dioxin. Dioxins are substances that can lead to various serious health problems including lung cancer.
Parker Waichman has represented railroad employees in personal injury lawsuits against their employers, in accordance with the FELA. For instance the jury awarded an ex- Chicago and North Western Railroad worker $7.5 million after he was diagnosed of acute myeloidleukemia following years of exposure to chemicals and solvents while working.
Another case involved one plaintiff who was diagnosed with myeloma after working as an engineer for railroad signal maintenance for a period of time. He alleged his condition was a result of exposure to benzene and diesel exhaust that he was exposed to on the job. BNSF filed a summary judgement motion prior to the trial began, based on the theory plaintiff knew or should've knew that his cancer was caused by his exposure to environmental hazards and chemicals when working for the railroad.
Creosote Exposure
Creosote, a poisonous 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 frequently exposed to this chemical. The National Toxicology Program has reported that workers who handle creosote are at a greater risk of developing cancer that is fatal than the general population.
A recent court case in which a railroad worker filed suit after being diagnosed with multiple myeloma. The case alleged that his exposure to diesel exhaust and other environmental hazards caused the cancer. The court determined that the plaintiff was aware of the possibility of harm from his railroad work and could have discovered the injury via a reasonable internet search at the time he was diagnosed. Since he was not able to make this effort, his action is time-barred.
In a separate case, 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 due to his occupational exposure to secondhand smoke and other chemical substances, like creosote, diesel exhaust.
Parker Waichman has also secured defense verdicts in cases involving other types of cancers, including lung and prostate cancer, brought by former railroad workers who claimed their cancers were related to an exposure to harmful chemicals on the job. The firm is ready to analyze the facts of your case, and then explain your options.
Asbestos Exposure
Asbestos can be a problem for railroad workers. cancer lawsuit are exposed to asbestos when they work with railroad ties, repair or install railway gear or work on railroad ties. Asbestos exposure can cause mesothelioma, lung cancer, and other diseases.
Ronald K. Harris, the plaintiff in a lawsuit brought against CSX Transportation claims that he contracted multiple myeloma through his work with the railroad. Harris, according to the lawsuit, was employed every day by CSX Transportation in its Laredo railroad yard. He inhaled "harmful and toxic chemical, agents and fumes including but not limited diesel exhaust, welding fumes and creosote.
We successfully represented our client in the two-week trial of a jury in which it was alleged that repetitive bending, lifting and twisting during the course of work caused herniated discs in the lumbar region and an indefinite disability of 25% that caused loss of earnings and pain and suffering. union pacific railroad lawsuit was not found to be negligent and the plaintiff was awarded a modest award.
Environmental Exposure
Railroad workers are exposed to a number of different environmental chemicals. Depending on the type of work that is performed, this exposure can cause a variety of health issues such as multiple myeloma. If you or a loved one has been diagnosed with multiple myeloma as a result of work on the railroad, call Parker Waichman to discuss your options.
In a recent case, a railroad employee was awarded $7.5 million by a juror for being diagnosed with acute myeloid lymphoma and myelodysplastic Syndrome (MDS). He filed a lawsuit against two major railroads, claiming that exposure to asbestos and diesel exhaust caused his health issues.
However the railroads filed a summary judgment motion arguing that the plaintiff was aware of the crucial facts and the possible reasons for his injury at the time he was diagnosed. The court ruled in favor of the railroads' motion, concluding that the plaintiff was unable to conduct a reasonable investigation into whether his illness was due to his work at the railroad.
The plaintiff provided expert testimony during the trial of an industrial hygienist as as epidemiologists. Expert witnesses claimed that Harris's myeloma was a result of his exposure to diesel exhaust. To support this claim, the expert witness referenced various studies that revealed that there was a link between certain kinds of cancers and diesel exhaust. However, cancer lawsuit has ever concluded that diesel exhaust is the reason of multiple myeloma.