3 Ways The Railroad Lawsuit Chronic Lymphocytic Leukemia Can Affect Your Life

Multiple Myeloma Caused by Railroad Work

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

The evidence presented at the trial included the testimony from toxicologist who relied on different studies and the relative risk to demonstrate that Harris’s multiple myeloma was caused by his exposure to diesel exhaust.

Benzene Exposure

Benzene is linked to several hematopoietic tumors, including Acute Myeloid Leukemia(AML), Acute Non-Lymphocytic Leukemia(ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer (IARC) the chemical it is classified as a Group 1 carcinogen. This chemical is present in diesel fumes and exhaust which many railroad workers are exposed to on a regular regularly.

Furthermore, some railroad employees are also exposed to benzene from cleaning products like Safety-Kleen and CRC.  csx railroad lawsuit  of cleaning agents typically contain a type of benzene referred to as the methylbenzene. The methylbenzene converts to dioxin, a chemical when it comes in contact with water. Dioxins belong to a group of substances that can cause numerous health issues, including lung cancer.

Parker Waichman has successfully represented many railroad workers in personal injury lawsuits against their employers under FELA. For example, a jury awarded a former Chicago and North Western Railroad worker $7.5 million after he was diagnosed of acute myeloidleukemia after years of exposure to chemicals and solvents while working.

Another instance involved the plaintiff who was diagnosed with multiple myeloma following working as an engineer of railroad signal maintenance for a number of years. He claimed that his illness was caused by exposure to diesel exhaust, as well as benzene he had experienced during his work. BNSF filed an motion for summary judgment prior to the trial began, based on the premise that plaintiff knew or should have been aware that his cancer was the result of his exposure to environmental hazards and chemicals 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. This substance is often a problem for railroad workers working in the repair and maintenance of railway ties. The National Toxicology Program has reported that workers who work with creosote are at a greater risk of developing cancer that is fatal than the general population.

A recent court case where a railroad worker sued after he was diagnosed with multiple myeloma claims his exposure to diesel exhaust and other environmental hazards caused the cancer. The court determined that the plaintiff was aware of the possibility of negative effects of his work at the railroad and might have discovered his injuries by conducting a fairly thorough internet search prior to the time when he was diagnosed. The plaintiff did not undertake the search and his action was deemed to be time-barred.

In a different case, the railroad was successful in defending its verdict in a suit filed in Philadelphia County by an ex-railroad employee. The plaintiff claimed that he developed bladder cancer as a result of his exposure to secondhand smoke and other toxic chemicals, like creosote, diesel exhaust.

Parker Waichman has also secured defense verdicts in cases involving other types of cancers such as prostate and lung cancer, brought by former railroad employees who claimed that their cancers stemmed from the constant exposure to toxic chemicals on the job. The firm is prepared to review the facts of your case and explain your options.

Asbestos Exposure

Asbestos can be a problem for railroad employees. Workers are exposed to asbestos when they handle railroad ties, fix or install railway gear or work on railroad tie. Asbestos is known to cause mesothelioma, lung cancer and other cancers.

In a case brought against CSX Transportation, plaintiff Ronald K. Harris claims that he was diagnosed with multiple myeloma as a result 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 inhaled "harmful and toxic substances, fumes and chemicals including, but not limited to diesel exhaust, welding fumes and creosote.

We successfully defended our client in a two-week jury trial in which it was alleged that the repetitive bending, lifting and twisting during the course of work caused herniated discs in the lumbar region and an indefinite disability of 25% that resulted in a loss of wages as well as pain and suffering. The railroad was found not be negligent and the plaintiff was awarded only a modest amount.

Environmental Exposure

Railroad workers are exposed to a number of different environmental chemicals. The exposure can result in various health issues including multiple myeloma, based on the nature and severity of the work. If you or a loved one has been diagnosed with multiple myeloma because of work done on the railroad, get in touch with Parker Waichman to discuss your options.

In a recent trial a railroad employee was awarded $7.5 million by a juror for being diagnosed with acute myeloid leukemia and myelodysplastic Syndrome (MDS). He filed a lawsuit against two major railroads, claiming their exposure to diesel exhaust and asbestos caused his health issues.

However the railroads subsequently filed an appeal based on summary judgment, which argued that the plaintiff was aware of fundamental facts and possible causes of his injury by the time he was diagnosed. The court agreed and granted the railroads' motion, concluding that the plaintiff was unable to conduct a reasonable inquiry into whether his condition was connected to his railroad employment.

The plaintiff gave expert testimony at trial from an industrial hygienist as well as epidemiologists. Expert witnesses claimed that Harris's myeloma arose as a result of his exposure to diesel exhaust. The expert witness provided numerous studies to support this claim. These studies demonstrated the connection between diesel exhaust and certain kinds of cancer. However, no credible scientist has ever concluded that diesel exhaust is the cause of multiple myeloma.