Multiple Myeloma Caused by railroad class action lawsuit Work
Under FELA union pacific railroad lawsuit workers are able to bring lawsuits to seek compensation for their injuries. To be successful, the injured person must prove that the railroad was negligent in causing injury.
The evidence presented at the trial included the testimony from toxicologist who utilized different studies and relative risks to establish that Harris’s multi myeloma was the result of his exposure to diesel exhaust.
Benzene Exposure
Benzene is linked to several hematopoietic tumors, including 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 basis.
Additionally, certain railroad workers are also exposed to benzene via cleaning products like Safety-Kleen and CRC. These cleaning products contain a specific benzene known as methylbenzene. The methylbenzene transforms into dioxin, a chemical when it comes in contact with water. Dioxins are a group of chemicals that can trigger various serious health problems such as lung cancer.
Parker Waichman has represented railroad employees in personal injury lawsuits against their employers, as part of the FELA. For instance, a jury awarded an ex- Chicago and North Western Railroad worker $7.5 million for his diagnosis of acute myeloidleukemia following years of exposure to solvents and chemicals while working.
Another case involved the plaintiff who was diagnosed with multiple myeloma while working as a railroad lawsuit signal maintenance engineer for a number of years. He claimed his condition was the result of exposures to diesel exhaust and benzene that he experienced while working. BNSF filed a summary judgment motion before the trial began on the premise that plaintiff knew or should have had the knowledge that his cancer was caused by his exposure to chemicals and environmental hazards while 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 cancer. This chemical is often a problem for railroad workers working in the repair and maintenance of railway ties. The National Toxicology Program has reported that workers who handle creosote have a greater chance of developing cancer that is fatal than the general population.
A recent court case in which a railway worker sought justice after being diagnosed with multiple myeloma alleges his exposure to diesel exhaust and other environmental toxins caused the cancer. The court found that the plaintiff knew of the potential damage he could sustain from his work at the railroad, and could have discovered about his injury by conducting an exhaustive search on the internet when he was diagnosed. He failed to do so and the case has been deemed time-barred.
In a separate case, the railroad was successful in defending its verdict in a lawsuit filed in Philadelphia County by an ex-railroad worker. The plaintiff claimed he developed bladder cancer due to his exposure to secondhand smoke and other chemicals like creosote and diesel exhaust.
Parker Waichman has also secured defense verdicts in cases involving different types of cancers including lung and prostate cancers, which were brought by former railroad workers who alleged their cancers were caused by an exposure to toxic chemicals on the job. The firm is prepared to examine the facts of your case and discuss your options.
Asbestos Exposure
Railroad employees could be exposed to asbestos while working. The exposure is most often experienced when workers are handling railroad ties, or repair or Rail Road install railway equipment. Asbestos is known to cause mesothelioma, lung cancer and other illnesses.
Ronald K. Harris, the plaintiff in a lawsuit brought against CSX Transportation claims that he contracted multiple myeloma due to his work at the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo Rail Road yard on a daily basis. As a result, he inhaled “harmful chemicals, toxic agents, fumes, particles, and substances, including but not including diesel exhaust creosote, welding fumes, phenols, carbon monoxide, dioxins, and heavy metals.”
We successfully defended our client during the course of a two-week jury trial which it was alleged that repetitive stretching, lifting and twisting during the course of work caused herniated lumbar disks and a 25% permanent disability that caused loss of earnings and pain and suffering. The railroad was not found to be negligent, and the plaintiff was awarded a modest award.
Environmental Exposure
Railroad workers are exposed to a variety of environmental chemicals. Depending on the type of work that is performed and the type of work, exposure to chemicals can lead to numerous health problems including multiple myeloma. If you or a loved one has been diagnosed with multiple myeloma as the result of work on the railroad, contact Parker Waichman to discuss your options.
In a recent court case, a railroad employee was awarded $7.5 million by a jury after being diagnosed with acute myeloid leukemia and myelodysplastic Syndrome (MDS). He filed a lawsuit against two major railroads, claiming that exposure to diesel exhaust and asbestos caused his health issues.
However the railroads subsequently filed a summary judgment motion arguing that the plaintiff was aware of essential facts and potential causes of his injury at the time he was diagnosed. The court sided with the railroads and granted their motion concluding the plaintiff had not made a reasonable inquiry to determine whether his condition was due to his employment at a railroad.
The plaintiff presented expert testimony at trial from an industrial hygiene specialist as well as epidemiologists. The expert witnesses claimed that Harris’s myeloma was a result of the exposure he received to diesel exhaust. To support this assertion, the expert witness referenced numerous studies that demonstrated the connection between certain types of cancer and diesel exhaust. However, no credible scientist has ever concluded that diesel exhaust is a cause of multiple myeloma.