15 Things You've Never Known About Railroad Lawsuit Chronic Lymphocytic Leukemia

Multiple Myeloma Caused by Railroad Work

Under FELA railroad workers are able to file lawsuits to recover compensation for their injuries. However, to be successful in bringing a claim the injured party must prove that negligence on the part of railroad workers was the cause of their injury.

Kidney cancer lawsuit  presented during the trial included the testimony of toxicologist who conducted various studies and relative risk factors to demonstrate that Harris's myeloma had been caused by his exposure to diesel exhaust.

Benzene Exposure

The exposure to benzene can be 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, benzene is a Group 1 Carcinogen. This chemical can be found in diesel fumes, and railroad workers are exposed to it.

Furthermore, some railroad employees are also exposed to benzene by using cleaning products such as Safety-Kleen or CRC. These cleaning agents contain a specific benzene known as methylbenzene. When methylbenzene is in contact with water, it transforms into a chemical known as dioxin. Dioxins can cause lung cancer as well as other serious health problems.

Parker Waichman has successfully represented many railroad workers in personal injury lawsuits against their employers under FELA. A jury awarded $7.5 million to a former Chicago and North Western Railroad employee who was diagnosed with acute myeloid carcinoma after years of exposure.

In a different case the plaintiff was diagnosed with multiple lymphoma after several years of working as a railroad maintenance technician for signals. He claimed his condition was caused by exposures to benzene and diesel exhaust which he was exposed to while working. Prior to the beginning of trial, BNSF filed a motion for summary judgment based on the theory that plaintiff could have realized that his cancer was related to his exposure to chemicals as well as environmental hazards while working for the railroad.

Creosote Exposure

Creosote, a poisonous chemical used to preserve wood, has been linked with several cancers including skin cancer and scrotal carcinoma. Railroad workers working on the maintenance and repair of railway ties can be exposed to this substance. The National Toxicology Program reported that workers who handled creosote had more risk than general public of developing lethal forms of cancer.

A recent court case in which a railroad employee who was diagnosed with multiple myeloma claims his occupational exposures to diesel exhaust and other environmental toxins caused the cancer. The judge determined that the plaintiff was aware of the potential harm from his railroad work and might have discovered his injuries through a reasonably diligent internet search prior to the time he was diagnosed. Since he did not do this his action is deemed to be time-barred.

In a different instance, the railroad won a defense verdict in a lawsuit filed in Philadelphia County by a former railroad worker. The plaintiff claimed that he developed bladder cancer due to the exposure he had to secondhand smoke and other toxic chemicals, like creosote and diesel exhaust.

Parker Waichman has also obtained defense verdicts in cases that involve other types of cancers such as lung and prostate cancer. These cases were brought by former railroad employees who claimed that their cancers had been caused by a lifetime exposure to toxic chemicals at work. The firm is available to review the facts of your case and explain your options.

Asbestos Exposure

Asbestos can pose a risk for railroad employees. This is often the case when railroad workers work with railroad ties, or repair or install railway equipment. Asbestos can cause lung cancer, mesothelioma and other diseases.

In a case brought against CSX Transportation, plaintiff Ronald K. Harris alleges that he contracted multiple myeloma as a result of his work with the railroad. Harris according to the suit, worked every day for CSX Transportation in its Laredo railroad yard. As a result Harris inhaled "harmful toxic chemicals, fumes, substances, particles, and other substances which include but not limited to diesel exhaust, welding fumes, creosote, phenols, carbon monoxide, dioxins, and heavy metals."

We successfully defended our client in the course of a two-week jury trial which it was alleged that the repetitive bent, lifting and twisting while working as a trackman caused lumbar disc herniation and a 25% permanent disability resulting in lost wages and suffering and pain. The railroad was found not to be negligent, and the plaintiff received only a small amount.

Environmental Exposure

Railroad workers are exposed to a number of different environmental chemicals. Based on the type 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 someone you love has been diagnosed with multiple myeloma as due to work on the railroad, call Parker Waichman to discuss your options.

In a recent trial, a railroad employee was awarded $7.5 million by a jury for having been diagnosed with acute myeloid leukemia and myelodysplastic syndrome (MDS). He filed a lawsuit against two major railroads in the claim that their exposure to diesel exhaust and asbestos caused his health issues.

The railroads filed an appeal for summary judgment arguing that at the time of the plaintiff's diagnosis the plaintiff was aware of the details and causes of the injury. The court agreed and granted the railroads' motion concluding that the plaintiff failed to conduct a reasonable inquiry into whether his health condition was related to his railroad employment.

The plaintiff offered expert testimony during the trial of an industrial hygienist, as well as epidemiologists. The expert witnesses said Harris's myeloma was the result of his exposure to diesel exhaust. The expert witness referenced a variety of studies to support this claim. These studies showed an association between diesel exhaust and certain types of cancer. However, no respected scientist has ever concluded that diesel exhaust is a cause of multiple myeloma.