What Is The Secret Life Of Railroad Lawsuit Chronic Lymphocytic Leukemia
Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are able to sue to recover compensation for their injuries. However, to make a claim that is successful, the injured worker must show that negligence by the railroad was the cause of their injuries.
The evidence presented during the trial included the testimony from toxicologist who utilized different studies and their relative risks to establish that Harris's multi myeloma was triggered by his exposure diesel exhaust.
Benzene Exposure
Benzene is linked to 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, the chemical benzene belongs to the Group 1 Carcinogen. This chemical is found in diesel fumes and exhaust which many railroad workers are exposed to on a regular routine.
Some railroad workers are also exposed by cleaning products such as CRC or Safety-Kleen. These cleaning products contain a specific benzene known as methylbenzene. When methylbenzene comes into contact with the water, it transforms into a chemical known as dioxin. Dioxins can cause lung cancer and other serious health issues.
Parker Waichman has represented railroad workers in personal injury cases against their employers, as part of the FELA. A jury awarded $7.5 million to a former Chicago and North Western Railroad employee diagnosed with acute myeloid carcinoma after years of exposure.
Another case involved a plaintiff diagnosed with myeloma after working as an engineer in the maintenance of railroad signals for several years. He claimed that his illness was caused by exposure to diesel exhaust and the benzene he encountered on the job. BNSF filed a summary judgment motion before the trial started on the claim that plaintiff knew or should have had the knowledge that his cancer was caused by exposure to chemicals and environmental hazards when working for the railroad.
Creosote Exposure
A poisonous chemical that is that is used as a wood preserver, creosote has been linked to various cancers including skin and scrotal 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 have a greater chance of developing cancer lethal than the general population.
A recent court case where a railroad worker sued after he was diagnosed with myeloma, alleges his occupational exposures to diesel exhaust and other environmental hazards caused the cancer. The judge found that the plaintiff was aware of the potential negative effects of his work at the railroad and could have discovered the injury through a reasonably thorough internet search at the time he was diagnosed. He failed to make the effort and his case is now barred.
In a separate case, the railroad was successful in defending its verdict in a suit brought in Philadelphia County by an ex-railroad employee. The plaintiff claimed he was diagnosed with bladder cancer as a result of the exposure he had to secondhand smoke and other toxic chemicals, such as creosote and diesel exhaust.
Parker Waichman has also obtained defense verdicts in cases involving different types of cancers, like prostate and lung cancer. These cases were brought by former railroad workers who claimed that their cancers had been resulted from a lifetime exposure to toxic chemicals at work. The firm is ready to review the details of your case and explain your options.
Asbestos Exposure
Railroad workers may be exposed to asbestos during their employment. The exposure is most often experienced when workers are handling railroad ties, or repair or install railway equipment. Kidney cancer lawsuit can cause mesothelioma, lung cancer, and other illnesses.
In a suit filed against CSX Transportation, plaintiff Ronald K. Harris alleges that he contracted multiple myeloma as a result of his work with the railroad. Harris as per the lawsuit, was employed every day by CSX Transportation in its Laredo railroad yard. In the process, he inhaled "harmful chemicals, toxic agents, fumes, particles, and substances that include but are not limited to diesel exhaust creosote, welding fumes, carbon monoxide and phenols. dioxins, and heavy metals."
We successfully represented our clients in an in-depth jury trial that lasted for two weeks. It was alleged repetitive lifting and bending during work as trackmen resulted in herniated disks in the lumbar area and an injury that caused a 25% disability for the rest of his life resulting in lost wage as well as pain and discomfort. The railroad was not found to be negligent and the plaintiff received a minimal award.
Environmental Exposure
Railroad workers are exposed a variety of environmental chemicals. This exposure can lead to numerous health problems such as multiple myeloma. This is based on the nature and severity of the work. Contact Parker Waichman if you or a family member has been diagnosed with myeloma due to working on a railroad.
In a recent case, a railroad worker was awarded $7.5 million from an appeals court after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railroads, claiming that exposure to asbestos and diesel exhaust caused his health issues.
The railroads filed an appeal for summary judgment asserting that at the time of the plaintiff's diagnosis, it was aware of the circumstances and causes of his injury. The court sided with the railroads and granted their motion, concluding the plaintiff had not conducted a reasonable investigation to determine whether his condition was due to his railroad work.
At trial the plaintiff offered expert testimony from an industrial hygiene specialist and epidemiologists. The expert witnesses claimed Harris's myeloma arose as a result of his exposure to diesel exhaust. To support this claim the expert witness cited numerous studies that demonstrated a correlation between certain types of cancer and diesel exhaust. However, no respected scientist has ever concluded that diesel exhaust is the cause of multiple myeloma.