The Biggest Sources Of Inspiration Of Railroad Lawsuit Chronic Lymphocytic Leukemia
Multiple Myeloma Caused by Railroad Work
Under FELA railroad employees can sue to recover compensation for their injuries. To be successful, the injured worker will have to prove the railroad was negligent in causing injury.
The evidence presented during the trial included testimony from toxicologist who utilized different studies and the relative risk to prove that Harris's multiple myeloma was the result of his exposure to diesel exhaust.
Benzene Exposure
Benzene exposure is associated with a variety of hematopoietic cancers 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 fumes, and railroad workers are exposed to it.
Some railroad workers are exposed by cleaning products such as CRC or Safety-Kleen. pulmonary fibrosis lawsuit cleaning agents contain a type benzene known as methylbenzene. The methylbenzene transforms into a chemical known as dioxin when it comes in contact with water. Dioxins can cause lung cancer as well as other serious health issues.
Parker Waichman has represented railroad workers in personal injury cases against their employers, as part of the FELA. For instance an award was made by a jury to an ex- Chicago and North Western Railroad worker $7.5 million after he was diagnosed of acute myeloid leukemia after years of exposure to solvents and chemicals while working.
Another case involved the plaintiff who was diagnosed with multiple myeloma after working as an engineer in the maintenance of railroad signals for several years. The plaintiff claimed that his illness was a result of exposure to diesel exhaust and benzene that he was exposed to working. Prior to the commencement of trial, BNSF filed a motion for summary judgment based on the notion that plaintiff should have known that his cancer was related to his exposures to chemicals and environmental dangers while working in the railroad.
Creosote Exposure
A toxic chemical used to preserve wood, creosote has been linked to various cancers including scrotal and skin cancer. This chemical 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 handle creosote face a higher risk of developing cancer lethal than the general population.
In the recent court case, an employee of a railroad filed suit after being diagnosed with multiple myeloma. He claimed that work-related exposure to diesel exhaust as well as environmental hazards caused cancer. The court ruled that the plaintiff was aware of the potential damage he could incur from his work at the railroad, and could have found out about his injury by conducting an extensive internet search before the diagnosis came in. He failed to do so and his claim has been deemed time-barred.
In a different case, the railroad won a defense verdict in a lawsuit brought in Philadelphia County by a former railroad employee. The plaintiff claimed he was diagnosed with bladder cancer due to his exposure to secondhand smoke and other chemical substances, like creosote and diesel exhaust.
Parker Waichman has also obtained defense verdicts in cases that involve other types of cancers like prostate and lung 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 ready to examine the facts of your case, and then explain your options.
Asbestos Exposure
Railroad workers may be exposed to asbestos during their employment. Workers are exposed to asbestos while they work on railroad ties, repair or install railway gear or work on railroad tracks. Asbestos exposure could cause mesothelioma or lung cancer and other diseases.
Ronald K. Harris, the plaintiff in a lawsuit filed against CSX Transportation claims that he contracted multiple myeloma through his job at the railroad. Harris, according to the lawsuit, worked on a daily basis for CSX Transportation in its Laredo railroad yard. In the process Harris inhaled "harmful, toxic chemicals, fumes, agents, 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 the two-week trial of a jury in which it was claimed that the repetitive stretching, lifting and twisting during the course of work resulted in herniated lumbar disks, and an indefinite disability of 25% that caused loss of earnings and suffering and pain. The railroad was not found to be negligent, and the plaintiff received just a tiny amount.
Environmental Exposure
Railroad workers are exposed to a range of chemicals in the environment. Based on the type of work performed the exposure could cause a variety of health issues including multiple myeloma. If you or a loved one has been diagnosed with multiple myeloma the result of work on the railroad, get in touch with Parker Waichman to discuss your options.
In a recent case, an employee of a railroad was awarded $7.5 million by a jury for having been diagnosed with acute myeloid leukemia and myelodysplastic Symptom (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 he was aware of all the circumstances and causes of his injury. The court sided with the railroads and granted their motion, concluding that the plaintiff had not conducted a reasonable investigation to determine if his condition was connected to his employment at a railroad.

In the courtroom the plaintiff offered expert testimony from an industrial hygiene specialist and epidemiologists. The expert witnesses stated that Harris's myeloma is the result of his exposure to diesel exhaust. The expert witness referenced a variety of studies to back this claim. These studies demonstrated the connection between diesel exhaust and certain types of cancer. However, no reputable scientist has ever claimed that diesel exhaust to be the cause of multiple myeloma.