cancer lawsuit Caused by Railroad Work
Under FELA railroad workers are entitled to make lawsuits to claim compensation for their injuries. To be successful in bringing a claim the injured person must prove that negligence on the part of railroad workers caused their injuries.
cancer lawsuits presented during the trial included testimony from a toxicologist who used different studies and relative risks to prove that Harris's multiple myeloma had been caused by the exposure to diesel exhaust.
Benzene Exposure
The exposure to benzene can be linked to a variety of hematopoietic malignancies, including Acute Myeloid Leukemia (AML), Acute Non-Lymphocytic Leukemia (ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer, the chemical benzene belongs to the Group 1 Carcinogen. This chemical is present in diesel exhaust and fumes which many railroad workers are exposed to on a regular regularly.
Furthermore, some railroad employees are also exposed to benzene by using cleaning products like Safety-Kleen as well as CRC. These cleaning products contain a type benzene known as methylbenzene. The methylbenzene converts to a chemical known as dioxin when it comes into contact with water. Dioxins can cause lung cancer and other serious health issues.
Parker Waichman has represented railroad workers in personal injury cases against their employers, under the FELA. For example the jury awarded an ex- Chicago and North Western Railroad worker $7.5 million for the diagnosis of acute myeloidleukemia after years of exposure to solvents and chemicals on the job.
In another case the plaintiff was diagnosed with multiple lymphoma resulting from several years of employment as a railroad signal maintenance technician. He claimed that his illness was caused by exposure to diesel exhaust as well as the benzene he encountered on the job. Before the beginning of trial, BNSF filed a motion for summary judgment based on the theory that plaintiff could have realized that his cancer was a result of exposure to chemicals and environmental hazards while working for the railroad.
Creosote Exposure
A poisonous chemical that is that is used as a wood preserver creosote is linked to various cancers including scrotal and skin cancer. Railroad workers who worked on the maintenance and repair of railway ties are often exposed to this chemical. The National Toxicology Program has reported that those who handle creosote are at a greater risk of developing lethal cancer than the general population.
A recent court case in which a railway worker sued after he was diagnosed with multiple myeloma alleges his exposure to diesel exhaust and other environmental hazards caused the cancer. The court decided that the plaintiff was aware of the potential negative effects of his work at the railroad and might have discovered his injuries through a reasonably thorough internet search prior to the time he was diagnosed. The plaintiff did not make the effort and his case has been deemed time-barred.
In a separate case, the railroad was able to win a defense verdict in a lawsuit 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 and other chemicals such as diesel exhaust, and creosote.
Parker Waichman has also obtained defense verdicts for cases involving different types of cancers, such as lung and prostate cancer. These cases were filed by former railroad workers who claimed their cancers were caused by exposure to toxic chemicals at work. The firm is ready to review your case's details and discuss your options.
Asbestos Exposure
Railroad employees can be exposed to asbestos in their work. Workers are exposed to asbestos while they work on railroad ties, repair or install railway gear or work on railroad railway ties. Asbestos exposure can result in mesothelioma, lung cancer and other illnesses.
In a case filed against CSX Transportation, plaintiff Ronald K. Harris alleges that he developed multiple myeloma because from his work for the railroad. Harris according to the lawsuit, worked on a daily basis for CSX Transportation in its Laredo railroad yard. He inhaled "harmful and toxic chemicals, agents and fumes including but not restricted to diesel exhaust, welding fumes and creosote.
We successfully defended our client at the two-week trial of a jury in which it was claimed that the repetitive bending, lifting, and twisting when working as a trackman resulted in herniated lumbar disks, and a 25% permanent disability that caused loss of earnings and pain and suffering. The railroad was found not to be negligent and the plaintiff was awarded a modest award.
Environmental Exposure
Railroad workers are exposed a range of chemicals in the environment. This exposure can trigger various health issues such as multiple myeloma. This is based on the type and extent of the work. If you or a loved one has been diagnosed with multiple myeloma as the result of work on the railroad, get in touch with Parker Waichman to discuss your options.
In a recent case, a railroad worker was awarded $7.5 million from an appeals court after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. union pacific railroad lawsuit filed a lawsuit against two major railroads, claiming their exposure to asbestos and diesel exhaust caused his health issues.
However the railroads brought an appeal based on summary judgment, which argued that the plaintiff was aware of crucial facts and the possible causes of his injuries at the time of his diagnosis. The court agreed with the railroads and granted their motion concluding the plaintiff had not conducted a reasonable investigation to determine if the condition was related to his work at the railroad.
The plaintiff provided expert testimony during the trial of an industrial hygienist as well as epidemiologists. The expert witnesses claimed Harris's myeloma was the result of his exposure to diesel exhaust. The expert witness cited various studies to back this claim. These studies demonstrated a correlation between diesel exhaust and certain types of cancers. However, no credible scientist has ever concluded that diesel exhaust is the reason of multiple myeloma.