Multiple Myeloma Caused by Railroad Work

Under FELA railroad workers can claim compensation for injuries. To be successful, the injured party must prove that the railroad was negligent in causing injury.

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

Benzene Exposure

The exposure to benzene can be linked to 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 chemical is classified as a Group 1 carcinogen. This chemical is found in diesel fumes and exhaust which many railroad workers are exposed to on a regular on a regular.

Some railroad workers are exposed by cleaning products like CRC or Safety-Kleen. These types of cleaning agents typically contain a type of benzene, namely methylbenzene. When methylbenzene comes in contact with the water, it's converted into a chemical known as dioxin. Dioxins belong to a group of chemicals that can trigger numerous health problems such as lung cancer.

Parker Waichman has successfully represented numerous railroad workers in personal injury claims against their employers under FELA. A jury gave $7.5 million to an ex Chicago and North Western Railroad employee who was diagnosed with acute myeloid cancer following years of exposure.

Another instance involved a plaintiff who was diagnosed with multiple myeloma following working as an engineer of railroad signal maintenance for a number of years. The plaintiff claimed that his condition was caused from exposure to diesel exhaust and by benzene exposure he experienced during his job. BNSF filed an appeal to dismiss the summary judgment before the trial started on the claim that plaintiff knew or should've been aware that his cancer was caused by exposure to environmental hazards and chemicals when working for the railroad.

Creosote Exposure

A poisonous chemical that is that is used as a wood preservative, creosote has been associated with several cancers, including skin and scrotal cancer. Railroad workers working on the maintenance and repair of railway ties are frequently exposed to this substance. The National Toxicology Program reported that those who handled creosote were at a higher risk than the general public of developing lethal forms of cancer.

In the recent court case, an employee of a railroad filed suit after being diagnosed with multiple myeloma. He claimed that his work-related exposure to diesel exhaust and cancer environmental hazards led to the development of cancer. The court decided that the plaintiff was aware of any potential damage he could incur from his railroad job and could have learned about his injuries by conducting an extensive internet search before he was diagnosed. Since he was not able to do this the class action lawsuit against railroads is barred.

In a separate case, the railroad was able to win a defense decision in a suit filed in Philadelphia County by a former railroad employee. The plaintiff claimed that he developed bladder cancer due to the exposure he received to smoke, as well as other chemicals such as diesel exhaust and creosote.

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 employees who claimed that their cancers were caused by a lifetime exposure to toxic chemicals at work. The firm is available to review your case's facts and present your options.

Asbestos Exposure

Railroad workers may be exposed to asbestos during their job. Workers are exposed to asbestos while they work on railroad ties, repair or install railway equipment or work on railroad tracks. Asbestos exposure can cause mesothelioma, lung cancer and other diseases.

Ronald K. Harris, the plaintiff in a lawsuit lawsuits against union pacific railroad CSX Transportation claims that he was diagnosed with multiple myeloma as a result of his work with the railroad. Harris as per the lawsuit, was employed every day by CSX Transportation in its Laredo railroad yard. In the process Harris breathed in "harmful chemicals, toxic fumes, substances, particles, and substances which include but not including diesel exhaust, welding fumes, creosote, carbon monoxide, phenols, dioxins and heavy metals."

We successfully defended our clients in an in-depth jury trial that lasted for two weeks, where it was alleged that repetitive bending and lifting while working as trackmen caused herniated disks in the lumbar region and an injury that caused a 25% disability for the rest of his life resulting in lost wage as well as discomfort and pain. The railroad was not found to be negligent, cancer and the plaintiff was awarded a modest award.

Environmental Exposure

Railroad workers are exposed to a variety of environmental chemicals. Depending on the kind of work they do the exposure could lead to numerous health problems, including multiple myeloma. Contact Parker Waichman if you or someone in your family has been diagnosed with myeloma following working on railways.

In a case that was recently heard, an employee of a railroad class action lawsuit 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 diesel exhaust and asbestos caused health issues for him.

However, the railroads filed a summary judgement motion, arguing that the plaintiff was aware of essential facts and potential reasons for his injury at the time of his diagnosis. The court agreed and granted the railroads' motion concluding that the plaintiff was unable to conduct a reasonable investigation into whether his health condition was related to his work at the railroad.

The plaintiff provided expert testimony in the trial of an industrial hygiene specialist as well as epidemiologists. The expert witnesses claimed Harris's myeloma resulted of the exposure he received to diesel exhaust. To support this claim the expert witness cited several studies that proved a correlation between certain types of cancer and diesel exhaust. However, no respected scientist has ever claimed that diesel exhaust is the main cause of multiple myeloma.