Multiple Myeloma Caused by blacklands railroad lawsuit Work
Under FELA railroad workers are entitled to sue to recover 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 caused their injury.
The evidence presented at the trial included testimony of toxicologist who relied on different studies and their relative risks to show that Harris’s multiple myeloma was the result of his exposure to diesel exhaust.
Benzene Exposure
The benzene compound is associated with a number 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. The chemical is present in diesel fumes, and many railroad workers are regularly exposed to it.
Additionally, some railroad workers are also exposed to benzene via cleaning products such as Safety-Kleen or CRC. These types of cleaning agents typically contain a form of benzene referred to as methylbenzene. When methylbenzene comes into contact with water, it’s transformed into a chemical called dioxin. Dioxins belong to a group of substances that can cause many serious health issues such as lung cancer.
Parker Waichman has successfully represented numerous railroad employees in personal injury lawsuits against their employers under FELA. For example an award was made by a jury to a former Chicago and North Western Railroad worker $7.5 million after he was diagnosed of acute myeloid leukemia following years of exposure to solvents and chemicals while working.
Another case involved a plaintiff who was diagnosed with multiple myeloma while working as an engineer for railroad signal maintenance for a number of years. The plaintiff claimed that his condition was a result of exposure to benzene and diesel exhaust that he was exposed to on the job. Prior to the beginning of trial, BNSF filed a motion for summary judgment based upon the idea that plaintiff knew or should have known his cancer was due to his exposures to chemicals and environmental dangers during his employment at the railroad.
Creosote Exposure
A toxic chemical used as a wood preservative, creosote has been associated with various cancers, including scrotal and skin cancer. Railroad workers who work on the maintenance and repair of railway ties can be exposed to this chemical. The National Toxicology Program has reported that workers who work with creosote are at a greater risk of developing lethal cancer than the general population.
In a recent court case railroad workers filed suit after being diagnosed with multiple myeloma. He claimed that his exposure to diesel exhaust and other environmental hazards led to the development of cancer. The court found that the plaintiff knew of the potential damage he could sustain from his work at the railroad, and could have found out about his injury by conducting an exhaustive internet search prior to when the diagnosis came in. Since he was not able to undertake this task the class action lawsuit against railroads (click the next internet page) is barred.
In a different case, the railroad was able to win a defense decision in a suit filed in Philadelphia County by a former railroad employee. The plaintiff claimed he developed bladder cancer as a result of his exposure to secondhand class action lawsuit against Railroads smoke and other chemicals, like creosote, diesel exhaust.
Parker Waichman has also secured defense verdicts in the cases involving other types of cancers such as prostate and lung cancer, which was brought by former railroad workers who alleged that their cancers stemmed from the constant exposure to toxic chemicals on the job. The firm is ready to review the facts of your case and discuss your options.
Asbestos Exposure
Asbestos can pose a risk for union pacific railroad lawsuits employees. Workers are exposed to asbestos while they work on railroad ties, repair or install railway gear, or work on railroad railway ties. Asbestos exposure can cause mesothelioma or lung cancer and other illnesses.
In a lawsuit filed against csx railroad lawsuit Transportation, plaintiff Ronald K. Harris alleges that he was diagnosed with multiple myeloma as a result from his work for the railroad. Harris, according to the lawsuit worked daily for CSX Transportation in its Laredo railroad yard. In the process Harris inhaled «harmful chemicals, toxic agents, fumes and particles, and substances, including but not limited to diesel exhaust creosote, welding fumes, carbon monoxide and phenols. dioxins and heavy metals.»
We successfully represented our client in an two-week jury trial in which it was alleged that the repetitive stretching, lifting and twisting while working as a trackman resulted in herniated lumbar disks, and a 25% permanent disability that caused loss of earnings and suffering and pain. The railroad class action lawsuit was not found to be negligent, and the plaintiff received a modest award.
Environmental Exposure
Railroad workers are exposed to a variety of environmental chemicals. Based on the type of work performed, this exposure can cause a variety of health issues including multiple myeloma. Contact Parker Waichman if you or someone in your family has been diagnosed with myeloma due to working on a railroad.
In a case that was recently heard, a railroad worker received $7.5 million from a jury after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He filed a lawsuit against two major railroads, alleging that their exposure to asbestos and diesel exhaust led to his health issues.
The railroads filed an appeal for summary judgment 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 had not made a reasonable inquiry to determine whether his condition was connected to his work at the railroad.
The plaintiff offered expert testimony at trial from an industrial hygiene specialist as well as epidemiologists. The expert witnesses claimed that Harris’s myeloma was the result of the exposure he received to 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. However, no reputable scientist has ever concluded that diesel exhaust is the main cause of multiple myeloma.