The One Railroad Lawsuit Chronic Lymphocytic Leukemia Mistake That Every Beginner Makes

Multiple Myeloma Caused by Railroad Work

Under FELA railroad workers can claim compensation for injuries. To be successful, the injured party will have to prove the railroad was negligent in causing the injury.

The evidence presented in the trial included testimony from toxicologist who utilized different studies and risk factors to prove that Harris's multiple myeloma was caused by his exposure to diesel exhaust.

Benzene Exposure

Exposure to benzene is linked to a variety of hematopoietic malignancies 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 is classified as a Group 1 Carcinogen. The chemical is found in diesel fumes and exhaust that many railroad workers are exposed to on a regular routine.

Some railroad workers are also exposed to cleaning products such as Safety-Kleen or CRC. These kinds of cleaning agents typically contain a type of benzene called the methylbenzene. When methylbenzene comes into contact with the water, it transforms into a chemical known as dioxin. Dioxins are substances that can cause various serious health problems which include lung cancer.

Parker Waichman has successfully represented many railroad workers in personal injury lawsuits against their employers under FELA. A jury gave $7.5 million to an ex Chicago and North Western Railroad employee diagnosed with acute myeloid tumors after years of exposure.

In another case, a plaintiff was diagnosed with multiple lymphoma resulting from several years of working as a railroad signal maintenance technician. The plaintiff claimed that his illness was caused by exposures to diesel exhaust and benzene that he encountered on the job. Prior to the commencement of trial, BNSF filed a motion for summary judgment based on the theory that plaintiff was aware or should have known that his cancer was related to his exposure to chemicals as well as environmental dangers while working in the railroad.

Creosote Exposure

Creosote, a toxic chemical used to preserve wood has been linked to various cancers, including skin cancer and scrotal carcinoma.  union pacific railroad lawsuits  is a common issue for railroad workers working in the repair and maintenance of railway ties. The National Toxicology Program reported that those who handled creosote were at an increased risk than the general public of developing lethal forms of cancer.

A recent court case in which a railroad worker sought justice after being diagnosed with multiple myeloma alleges the exposure to diesel exhaust and other environmental dangers caused the cancer. The judge determined that the plaintiff was aware of the possibility of dangers posed by his work in the railroad and could have discovered the injury via a reasonable internet search prior to the time he was diagnosed. Since he was not able to take this step, his action is time-barred.

In a different case, the railroad won its defense verdict in a suit brought in Philadelphia County by an ex-railroad worker. The plaintiff claimed that the cause of his illness was bladder cancer due to the exposure he received to smoke, other chemicals such as diesel exhaust and creosote.

Parker Waichman has also obtained defense verdicts for cases involving other types of cancers, such as lung and prostate cancer. These cases were brought by former railroad workers who claimed their cancers had been due to a lifetime exposure to toxic chemicals at work. The firm is prepared to review the details of your case and provide your options.

Asbestos Exposure

Railroad employees may be exposed to asbestos in their work. The exposure is most often experienced when workers handle railroad ties or repair or install railway equipment. Asbestos can cause lung cancer, mesothelioma and other cancers.

In a case brought against CSX Transportation, plaintiff Ronald K. Harris alleges that he was diagnosed with multiple myeloma due to the effects of his work for the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a regular basis. He breathed "harmful and toxic chemicals, agents and fumes including but not limited to diesel exhaust, welding fumes, and creosote.

We successfully defended our clients during a jury trial lasting two weeks, in which it was alleged repetitive lifting and bending during work as trackmen caused herniated disks in the lumbar region and an injury that caused a 25% disability for the rest of his life that resulted in loss of wages and discomfort and pain. The railroad was found to not be negligent, and the plaintiff received just a tiny amount.

Environmental Exposure

Railroad workers are exposed to a range of chemicals in the environment. Depending on the type of work done and the type of work, exposure to chemicals can result in a myriad of health issues such as multiple myeloma. If you or a loved one has been diagnosed with multiple myeloma as because of work done on the railroad, get in touch with Parker Waichman to discuss your options.

In a case that was recently heard, a railroad worker 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, claiming that exposure to asbestos and diesel exhaust caused his health issues.

The railroads filed a motion for summary judgement in which they claimed that at the time of the plaintiff's diagnosis he was aware of all the factors and causes of his injury. The court agreed with the railroads and granted their motion, concluding that the plaintiff has not conducted a reasonable investigation to determine if the condition was due to his employment at a railroad.

At trial the plaintiff presented expert evidence from an industrial hygienist and epidemiologists. The expert witnesses claimed that Harris's myeloma resulted of the exposure he received to diesel exhaust. The expert witness cited various studies to prove this. These studies revealed an association between diesel exhaust and certain types of cancer. However, no reputable scientist has ever concluded that diesel exhaust is the cause of multiple myeloma.