Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are able to sue for compensation for injuries. To bring a successful claim, the injured person must prove that negligence on the part of the railroad was the cause of their injury.
The evidence presented during the trial included testimony of toxicologist who utilized different studies and the relative risk to demonstrate that Harris’s multiple myeloma was the result of his exposure diesel exhaust.
Benzene Exposure
Benzene exposure is associated with a variety of hematopoietic malignancies, including Acute Myeloid Leukemia (AML), Acute Non-Lymphocytic Leukemia (ANLL) and Multiple Myeloma. According to railroad class action lawsuit for Research on Cancer, the chemical benzene belongs to the Group 1 Carcinogen. The 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 like Safety-Kleen or CRC. These cleaning agents contain a type benzene known as methylbenzene. The methylbenzene is converted to a chemical known as dioxin when it comes in contact with water. Dioxins are substances that can lead to various serious health issues which include lung cancer.
Parker Waichman has represented railroad workers in personal injury cases against their employers, under the FELA. For example the jury awarded a former Chicago and North Western Railroad worker $7.5 million for the diagnosis of acute myeloid leukemia following years of exposure to chemicals and solvents while working.
Another case involved a plaintiff diagnosed with multiple myeloma while working as an engineer for railroad signal maintenance for a number of years. He claimed that his condition was caused by exposure to diesel exhaust, as well as the benzene that he was exposed to while working. BNSF filed a summary judgement motion prior to the trial started on the claim that plaintiff knew or should have been aware that his cancer was caused by exposure to chemicals and environmental hazards when working for the railroad.
Creosote Exposure
A poisonous chemical that is used to preserve wood, creosote has been associated with several cancers, including scrotal and skin cancer. Creosote is a common problem for railroad workers who work in the repair and maintenance of railway ties. The National Toxicology Program reported that those who handled creosote were at a higher risk than the general public of developing lethal forms of cancer.
In an upcoming court case, railroad workers filed suit after being diagnosed with multiple myeloma. He claimed that exposure to diesel exhaust as well as environmental dangers led to cancer. The court ruled the plaintiff knew of the potential harm he could suffer from his work at the railroad, and could have found out about his injury by conducting an exhaustive search on the internet when the diagnosis came in. He was not able to make the effort and his action is now time-barred.
In a different case, the railroad was successful in defending a decision in a suit filed in Philadelphia County by a former railroad worker. The plaintiff claimed he was diagnosed with bladder cancer due to the exposure he received from secondhand smoke and other toxic chemicals, like creosote or diesel exhaust.
Parker Waichman has also secured defense verdicts in cases that involve other types of cancers, including prostate and lung cancer, brought by former railroad workers who claimed their cancers were a result of an exposure to toxic chemicals on the job. The firm is ready to review your case facts and discuss your options.
Asbestos Exposure
Railroad workers may be exposed to asbestos during their job. This exposure often occurs when workers are handling railroad ties or repair or install railway equipment. Asbestos can cause lung cancer, mesothelioma and other cancers.
In a case filed against CSX Transportation, plaintiff Ronald K. Harris alleges that he developed multiple myeloma due to the effects of his work for the railroad. Harris as per the suit, worked every day for CSX Transportation in its Laredo railroad yard. Harris breathed "harmful and toxic chemical, agents and fumes including but not limited to diesel exhaust, welding fumes and creosote.
We successfully represented our client in an two-week jury trial in which it was claimed that repetitive bent, lifting and twisting during the course of work resulted in herniated lumbar disks, and an indefinite disability of 25% that resulted in a loss of wages as well as pain and suffering. The railroad was found to not be negligent and the plaintiff received only a modest amount.
Environmental Exposure
Railroad workers are exposed to a variety of environmental chemicals. This exposure can lead to many health issues including multiple myeloma, depending on the nature and intensity of the work. Contact Parker Waichman if you or someone in your family has been diagnosed with myeloma following working on railways.
In a recent case, an employee of a railroad was awarded $7.5 million by a jury after being diagnosed with acute myeloid lymphoma and myelodysplastic Disorder (MDS). He sued two major railroads, alleging that exposure to asbestos and diesel exhaust caused his health problems.
The railroads filed a motion for summary judgment in which they claimed that at the time of the plaintiff's diagnosis, it was aware of the facts and causes of his injury. The court agreed and granted the railroads' motion, concluding that the plaintiff failed to conduct a reasonable inquiry into whether or not his condition was connected to his work at the railroad.
At trial the plaintiff provided expert testimony from an industrial hygiene specialist and epidemiologists. The expert witnesses stated Harris's myeloma was the result of his exposure to diesel exhaust. To prove this claim the expert witness cited numerous studies that demonstrated a correlation between certain types of cancers and diesel exhaust. However, no reputable scientist, has ever concluded diesel exhaust is the source of multiple myeloma.