Five Lessons You Can Learn From Railroad Lawsuit Chronic Lymphocytic Leukemia
Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are able to claim compensation for injuries. To be successful, the injured worker will have to prove the railroad was negligent in causing the injury.
The evidence presented during the trial included the testimony from toxicologist who relied on different studies and risk ratios to establish that Harris's multi myeloma had been caused by his exposure to diesel exhaust.
Benzene Exposure
Benzene is linked to several hematopoietic tumors that include Acute Myeloid Leukemia(AML), Acute Non-Lymphocytic Leukemia(ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer (IARC) the chemical the classification of benzene is Group 1 carcinogen. This chemical is found in diesel exhaust and fumes which many railroad workers are exposed to on a daily on a regular.
Some railroad workers are exposed to cleaning products such as Safety-Kleen or CRC. These kinds of cleaning agents typically contain a type of benzene referred to as methylbenzene. When methylbenzene comes into contact with water, it transforms into a chemical called dioxin. Dioxins are substances that can cause numerous health issues which include lung cancer.
Parker Waichman has represented railroad employees in personal injury lawsuits against their employers, in accordance with the FELA. A jury handed down $7.5 million to an ex Chicago and North Western Railroad employee who was diagnosed with acute myeloid carcinoma after years of exposure.
Another case involved one plaintiff who was diagnosed with multiple myeloma after working as an engineer of railroad signal maintenance for several years. He claimed his condition was caused by exposure to benzene and diesel exhaust which he was exposed to while on the job. Prior to the beginning of trial, BNSF filed a motion for summary judgment based on the notion that plaintiff should have known that his cancer was a result of exposure to chemicals and environmental hazards while working for the railroad.
Creosote Exposure
A toxic chemical that is used as a wood preservative creosote has been associated with various cancers, including skin and scrotal cancer. Railroad workers who were involved in the maintenance and repair of railway ties are often exposed to this chemical. The National Toxicology Program reported that those who handled creosote were at more risk than general population of developing fatal forms of cancer.
cancer lawsuit where a railroad worker sued after he was diagnosed with multiple myeloma. The case alleged that his exposure to diesel exhaust as well as other environmental hazards caused the cancer. The court ruled that the plaintiff was aware of the potential damage he could suffer from his work on railroads and could have discovered the injury through a reasonably thorough internet search prior to the time when he was diagnosed. Because he failed to take this step his claim is time-barred.
In a different instance, the railroad was successful in defending a decision in a suit filed in Philadelphia County by a former railroad employee. The plaintiff claimed that he was diagnosed with bladder cancer as a result of his exposure 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 were resulted from a lifetime exposure to toxic chemicals at work. The firm is prepared to analyze the facts of your case and explain your options.
Asbestos Exposure
Railroad workers may be exposed to asbestos while working. Workers are exposed to asbestos when they handle railroad ties, repair or install railway equipment or work on railroad railway ties. Leukemia lawsuit is known to cause lung cancer, mesothelioma and other illnesses.
In a lawsuit filed against CSX Transportation, plaintiff Ronald K. Harris claims that he developed multiple myeloma as a consequence of his employment with the railroad. Harris as per the suit, worked every day for CSX Transportation in its Laredo railroad yard. As a result the worker breathed "harmful chemicals, toxic fumes, substances, particles, and substances, including but not only diesel exhaust creosote, welding fumes, carbon monoxide and phenols. dioxins and heavy metals."
We successfully defended our client at an two-week jury trial in which it was claimed that the repetitive stretching, lifting and twisting while working as a trackman resulted in herniated lumbar disks, and a 25% permanent disability that caused loss of earnings and suffering and pain. The railroad was not found to be negligent and the plaintiff was awarded just a tiny amount.
Environmental Exposure
Railroad workers are exposed a variety of environmental chemicals. Based on union pacific railroad lawsuit 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 a loved one has been diagnosed with multiple myeloma a result of work on the railroad, call Parker Waichman to discuss your options.
In a recent case railroad workers received $7.5 million from a jury following his diagnosis with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He filed a lawsuit against two major railroads, alleging that their exposure to asbestos and diesel exhaust led to his health issues.
The railroads filed a motion for summary judgement arguing that, at the time of the plaintiff's diagnosis it was aware of the factors and causes of his injury. The court agreed with the railroads and granted their motion concluding that the plaintiff had not conducted a reasonable investigation to determine if the condition was related to his railroad work.
In the courtroom the plaintiff provided expert evidence from an industrial hygienist and epidemiologists. The expert witnesses said that Harris's myeloma is the result of his exposure diesel exhaust. In support of this claim, the expert witness referenced numerous studies that demonstrated the connection between certain types of cancer and diesel exhaust. No reputable scientist, however, has ever concluded diesel exhaust is the cause of multiple myeloma.