railroad lawsuit Caused by Railroad Work
Under FELA railroad workers are entitled to file lawsuits to recover compensation for their injuries. However, in order to bring a successful claim, the injured person must prove that negligence on the part of railroad workers contributed to their injury.
The evidence presented during the trial included testimony of an toxicologist who used a variety of studies and their relative risks to demonstrate that Harris’s multiple myeloma was triggered by his exposure diesel exhaust.
Benzene Exposure
Exposure to benzene has been linked with a range of hematopoietic tumors which 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. The chemical is present in diesel fumes and many railroad workers are frequently exposed to it.
Furthermore, some railroad employees are also exposed to benzene from cleaning products like Safety-Kleen and CRC. These cleaning agents contain a particular type of benzene referred to as methylbenzene. The methylbenzene transforms into dioxin, a chemical when it comes into contact with water. Dioxins can cause lung cancer and other serious health problems.
Parker Waichman has represented railroad employees in personal injury lawsuits against their employers under the FELA. For instance, a jury awarded an ex- Chicago and North Western Railroad worker $7.5 million for the diagnosis of acute myeloidleukemia following years of exposure to chemicals and solvents on the job.
In another instance the plaintiff was diagnosed with multiple lymphoma following many years of service as a railway signal maintenance technician. He alleged his condition was the result of exposures to diesel exhaust and benzene that he was exposed to on the job. Prior to the start of trial, BNSF filed a motion for summary judgment based upon the idea that plaintiff knew or could have realized that his cancer was caused by the exposure to chemicals and environmental dangers while working in the railroad.
Creosote Exposure
A toxic chemical used as a wood preservative, creosote has been linked to several cancers, including skin and scrotal cancer. This substance is often a problem for railroad workers who work on the maintenance and repair of railway ties. The National Toxicology Program has reported that workers who handle creosote face a higher risk of developing cancer that is fatal than the general population.
A recent court case in which a railway worker sought justice after being diagnosed with multiple myeloma alleges his exposure to diesel exhaust and other environmental dangers caused the cancer. The judge found that the plaintiff was aware of the potential negative effects of his work at the railroad and might have discovered his injuries via a reasonable internet search prior to the time when he was diagnosed. Since he did not do this his action is deemed to be time-barred.
In a separate case, the railroad won a defense verdict in a lawsuit brought in Philadelphia County by a former railroad worker. The plaintiff claimed he developed bladder cancer due to his exposure to secondhand smoke and other chemical substances, like creosote, diesel exhaust.
Parker Waichman has also obtained defense verdicts in cases involving different types of cancers, such as lung and prostate cancer. These cases were brought by former railroad workers who claimed that their cancers had been caused by exposure to toxic chemicals at work. The firm is ready to review the details of your case, and then explain your options.
Asbestos Exposure
Asbestos can be a problem for railroad employees. Workers are exposed to asbestos when they operate railroad ties, repair or install railway gear or work on railroad tracks. Asbestos can cause mesothelioma, lung cancer and other cancers.
Ronald K. Harris, the plaintiff in a lawsuit brought against CSX Transportation claims that he contracted multiple myeloma due to his work with the railroad. Harris, according to the lawsuit, was employed every day by CSX Transportation in its Laredo railroad yard. As a result, he inhaled "harmful, toxic chemicals, fumes, substances, particles, and substances including but not restricted to diesel exhaust, welding fumes, creosote, phenols, carbon monoxide, dioxins and heavy metals."
We successfully defended our clients in a jury trial lasting two weeks, where it was claimed that the repetitive lifting and bending during work as trackmen resulted in herniated disks in the lumbar region, causing a 25% disability permanent which resulted in a loss of wage and pain and discomfort. The railroad was found not to be negligent and the plaintiff received only a modest amount.
Environmental Exposure
Railroad workers are exposed to a variety of environmental chemicals. Depending on the type of work done, this exposure can cause health issues of a variety including multiple myeloma. If you or someone you love has been diagnosed with multiple myeloma as due to work on the railroad, you should contact Parker Waichman to discuss your options.
In a recent case an employee of a railroad 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, claiming that exposure to diesel exhaust and asbestos caused his health problems.
The railroads filed a motion for summary judgment arguing that, at the time of the plaintiff's diagnosis the plaintiff was aware of the factors and causes of his injury. The court agreed with the railroads and granted their motion, concluding that the plaintiff hadn't made a reasonable inquiry to determine if his condition was connected to his work at the railroad.
The plaintiff gave expert testimony at trial from an industrial hygiene specialist as well as epidemiologists. The expert witnesses stated that Harris's myeloma may be the result of his exposure diesel exhaust. The expert witness cited various studies to support this assertion. These studies revealed that there was a link between diesel exhaust and certain kinds of cancers. However, no reputable scientist has ever concluded that diesel exhaust is the cause of multiple myeloma.