10 Quick Tips For Railroad Lawsuit Chronic Lymphocytic Leukemia
Multiple Myeloma Caused by Railroad Work
Under FELA, railroad workers can bring lawsuits to seek compensation for their injuries. To succeed in bringing a claim, the injured party must prove that negligence by the railroad contributed to their injury.
The evidence presented in the trial included the testimony of toxicologist who utilized various studies and risk factors to prove Harris's myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
Benzene exposure is associated with 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, benzene is a Group 1 Carcinogen. The chemical is found in diesel exhaust and fumes which many railroad workers are exposed to on a regular basis.
Moreover, some railroad workers are also exposed to benzene from cleaning products such as Safety-Kleen and CRC. These kinds of cleaning agents typically contain a kind of benzene referred to as the methylbenzene. The methylbenzene converts to dioxin, a chemical when it comes in contact with water. Dioxins can cause lung cancer as well as other serious health problems.
Parker Waichman has represented railroad workers in personal injury cases against their employers, in accordance with the FELA. For example an award was made by a jury to a former Chicago and North Western Railroad worker $7.5 million for the diagnosis of acute myeloidleukemia following years of exposure to chemicals and solvents while working.
In another case, a plaintiff was diagnosed with multiple lymphoma resulting from many years of service as a railroad signal maintenance technician. He alleged his condition was the result of exposures to diesel exhaust and benzene that he experienced while working. BNSF filed an appeal to dismiss the summary judgment before the trial began based on the claim that plaintiff knew or should've knew that his cancer was the result of his exposure to chemicals and environmental hazards while working for the railroad.
Creosote Exposure
Creosote, a toxic chemical used to preserve wood has been linked to various cancers, including skin cancer and scrotal cancer. Creosote is a common problem for railroad workers who work on the maintenance and repair of railway ties. The National Toxicology Program reported that those who handled creosote were at a higher risk than the general population of developing fatal forms of cancer.
In a recent court case an employee of a railroad filed suit after being diagnosed with multiple myeloma. He claimed that his exposure to diesel exhaust as well as environmental dangers caused cancer. The court found that the plaintiff knew of the potential harm he could suffer due to his job at the railroad and could have discovered about his injury through an exhaustive search on the internet when he was diagnosed. railroad lawsuits failed to take the necessary steps and the case has been deemed time-barred.
In a separate case, the railroad won its defense verdict in a lawsuit filed in Philadelphia County by an ex-railroad worker. The plaintiff claimed that he had developed bladder carcinoma as a result the exposure he received to smoke, other chemicals like diesel exhaust and creosote.
Parker Waichman has also secured defense verdicts in the cases involving other types of cancers, including prostate and lung cancer, brought by other former railroad employees who claimed their cancers were related to the constant exposure to toxic chemicals on the job. The firm is ready to review the details of your case and provide your options.
Asbestos Exposure
Asbestos can pose a risk for railroad employees. This exposure often occurs when workers manage railroad ties or repair or install railway equipment. Asbestos exposure can result in mesothelioma, lung cancer, and other diseases.
Ronald K. Harris, the plaintiff in a lawsuit filed against CSX Transportation claims that he contracted multiple myeloma because of his work at the railroad. Harris, according to the lawsuit worked daily for CSX Transportation in its Laredo railroad yard. In the process, he inhaled "harmful chemical substances, toxic chemicals, fumes, agents, particles, and other substances including but not only diesel exhaust creosote, welding fumes, phenols, carbon monoxide, dioxins and heavy metals."
We successfully defended our clients during the jury trial that lasted two weeks, in which it was claimed that the repetitive lifting and bending while working as trackmen resulted in herniated disks in the lumbar region and a 25% disability permanent leading to loss of earnings and discomfort and pain. The railroad was found not to be negligent, and the plaintiff was awarded a small award.
Environmental Exposure
Railroad workers are exposed a range of chemicals in the environment. Depending on the kind of work they do, this exposure can cause health issues of a variety which include multiple myeloma. If you or a loved one has been diagnosed with multiple myeloma as due to work on the railroad, get in touch with 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 lymphoma and myelodysplastic Syndrome (MDS). He filed a lawsuit against two major railroads and claimed that their 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 he was aware of all the details and causes of the injury. The court sided with the railroads and granted their motion, concluding that the plaintiff hadn't made a reasonable inquiry to determine whether his condition was due to his work at the railroad.
The plaintiff offered expert testimony at trial from an industrial hygienist, as well as epidemiologists. The expert witnesses said Harris's myeloma was the result of his exposure diesel exhaust. To support this assertion, the expert witness referenced several studies that proved the connection between certain types of cancers and diesel exhaust. But, no reputable scientist has ever concluded that diesel exhaust is the cause of multiple myeloma.