Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are able to sue to recover compensation for injuries. To be successful, the injured person will have to prove the railroad was negligent in causing injury.
The evidence in the trial included the testimony of toxicologist who utilized various studies and relative risk factors to show that Harris's multiple myeloma was caused by his exposure to diesel exhaust.
cancer lawsuit is linked to many hematopoietic tumours, including 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. lung cancer lawsuit is found in diesel exhaust and fumes that many railroad workers are exposed to on a regular routine.
Railroad workers may also be exposed to cleaning products like CRC or Safety-Kleen. These cleaning products contain a benzene type known as methylbenzene. When methylbenzene is in contact with the water, it's converted into a chemical known as dioxin. Dioxins can cause lung cancer as well as other serious health issues.
union pacific railroad lawsuit has successfully represented numerous railroad employees in personal injury claims against their employers under FELA. A jury handed down $7.5 million to an ex Chicago and North Western Railroad employee diagnosed with acute myeloid cancer after years of exposure.
Another instance involved the plaintiff who was diagnosed with multiple myeloma while working as an engineer of railroad signal maintenance for a period of time. union pacific railroad lawsuit claimed his condition was caused by exposure to diesel exhaust as well as the benzene that he was exposed to during his job. Prior to the start of trial, BNSF filed a motion for summary judgment based on the theory that plaintiff knew or should have known that his cancer was due to exposure to chemicals and environmental hazards while working for the railroad.
Creosote Exposure
A poisonous chemical that is that is used as a wood preserver creosote is linked to several cancers, including scrotal and skin cancer. Railroad workers who worked on the maintenance and repair of railway ties are frequently exposed to this chemical. The National Toxicology Program has reported that those who handle creosote have a higher risk of developing cancer lethal than the general population.
A recent court case in which a railroad worker filed suit after being diagnosed with multiple myeloma claims his exposure to diesel exhaust as well as other environmental hazards caused the cancer. The court ruled that the plaintiff was aware of the possibility of damage he could suffer from his work on railroads and could have found out about his injury via a reasonable internet search prior to the time when he was diagnosed. He was not able to do so and his case was deemed to be time-barred.
In a separate case the railroad won its defense decision in a case filed in Philadelphia County by an ex-railroad employee. The plaintiff claimed he developed bladder cancer as a result of the exposure he received from secondhand smoke and other chemicals, such as creosote and diesel exhaust.
Parker Waichman has also secured defense verdicts in cases that involve other types of cancers including prostate and lung cancers, which were brought by former railroad workers who claimed their cancers were related to an exposure to harmful chemicals on the job. The firm is prepared to review your case's facts and present your options.
Asbestos Exposure
Asbestos can pose a risk for railroad workers. The exposure is most often experienced when workers handle railroad ties or repair or install railway equipment. Asbestos is known to cause lung cancer, mesothelioma and other diseases.
Ronald K. Harris, the plaintiff in a lawsuit against CSX Transportation claims that he contracted multiple myeloma because of his work with the railroad. Harris according to the suit, worked every day for CSX Transportation in its Laredo railroad yard. In the process the worker breathed "harmful, toxic chemicals, fumes, agents, particles, and substances that include but are not limited to diesel exhaust, welding fumes, creosote, phenols, carbon monoxide, dioxins and heavy metals."
We successfully represented our clients at an in-depth jury trial that lasted for two weeks, in which it was alleged repetitive lifting and bending while working as trackmen caused herniated disks in the lumbar area and a 25% disability permanent leading to loss of earnings and pain and discomfort. The railroad was found not be negligent, and the plaintiff received just a tiny amount.
Environmental Exposure
Railroad workers are exposed to a number of different environmental chemicals. Depending on the type of work done and the type of work, exposure to chemicals can cause health issues of a variety which include multiple myeloma. If you or someone you love has been diagnosed with multiple myeloma as a result of work on the railroad, contact Parker Waichman to discuss your options.
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 for claiming that exposure to diesel exhaust and asbestos caused his health issues.
However the railroads filed an appeal to a summary judgment, arguing that the plaintiff was aware of the essential facts and potential causes of his injuries at the time of his diagnosis. The court ruled in favor of the railroads' motion, concluding that the plaintiff failed to conduct a reasonable inquiry into whether or not his health condition was related to his railroad employment.
At trial the plaintiff presented expert testimony from an industrial hygienist and epidemiologists. Expert witnesses claimed that Harris's myeloma resulted of the exposure he received to diesel exhaust. The expert witness referenced a variety of studies to back this claim. These studies demonstrated a correlation between diesel exhaust and certain types of cancers. But, no reputable scientist has ever claimed that diesel exhaust is the main cause of multiple myeloma.