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    Unexpected Business Strategies Helped Railroad Lawsuit Chronic Lymphocytic Leukemia Succeed

    Multiple Myeloma Caused by Railroad Work

    Under FELA railroad workers are entitled to file lawsuits to recover compensation for their injuries. To be successful, the injured party will need to prove that the railroad was negligent in causing injury.

    The evidence presented during the trial included the testimony of an toxicologist, who relied on various studies and relative risk factors to show that Harris's myeloma had been caused by his exposure to diesel exhaust.

    Benzene Exposure

    It is linked to a number of hematopoietic tumors 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. The chemical is present in diesel fumes and railway workers are regularly exposed to it.

    Additionally, certain railroad workers are also exposed to benzene by using cleaning products such as Safety-Kleen or CRC. These kinds of cleaning products typically contain a type of benzene, namely the methylbenzene. When methylbenzene comes in contact with the water, it's transformed into a chemical called dioxin. Dioxins are a class of substances that can lead to various serious health issues including lung cancer.





    cancer lawsuit has represented railroad workers in personal injury cases against their employers, as part of the FELA. For example, a jury awarded an ex- Chicago and North Western Railroad worker $7.5 million after he was diagnosed of acute myeloidleukemia after years of exposure to solvents and chemicals while working.

    In another case the plaintiff was diagnosed with multiple lymphoma resulting from several years of employment as a railroad maintenance technician for signals. He alleged his condition was caused by exposure to diesel exhaust and benzene that he encountered on the job. Prior to the commencement of trial, BNSF filed a motion for summary judgment based upon the idea that plaintiff knew or ought to have known that his cancer was due to the exposure to chemicals and environmental dangers during his employment at the railroad.

    Creosote Exposure

    A poisonous chemical that is that is used as a wood preserver creosote has been associated with several cancers, including skin and scrotal cancer. Railroad workers who work on the maintenance and repair of railway ties are regularly exposed to this substance. The National Toxicology Program has reported that workers who work with creosote face a higher risk of developing cancer lethal than the general population.

    In the recent court case, a railroad worker sued after being diagnosed with multiple myeloma. He claimed that his occupational exposure to diesel exhaust as well as environmental dangers led to cancer. The judge ruled that the plaintiff was aware of the possibility of damage he could suffer from his work on railroads and could have discovered his injury through a reasonably thorough internet search prior to the time when he was diagnosed. He was not able to undertake the search and the case is now time-barred.

    In a different instance, the railroad won a defense verdict in a lawsuit brought in Philadelphia County by a former railroad employee. The plaintiff claimed he developed bladder cancer as a result of his occupational exposure to secondhand smoke and other chemicals like creosote or diesel exhaust.

    Parker Waichman has also secured defense verdicts in cases involving other types of cancers, including lung and prostate cancers, which were brought by former railroad workers who alleged their cancers were caused by years of exposure to toxic chemicals at work. The firm is ready to review your case's details and provide you with options.

    Asbestos Exposure

    Asbestos can pose a risk for railroad employees. Workers are exposed to asbestos while they work on railroad ties, fix or install railway equipment, or work on railroad railway ties. Asbestos can cause lung cancer, mesothelioma and other diseases.

    In a lawsuit filed against CSX Transportation, plaintiff Ronald K. Harris alleges that he was diagnosed with multiple myeloma due to the effects of his employment with the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a regular basis. As a result Harris breathed in "harmful toxic chemicals, agents, fumes and particles, and other substances that include but are not restricted to diesel exhaust creosote, welding fumes, carbon monoxide and phenols. dioxins, and heavy metals."

    We successfully defended our client during a two-week jury trial in which it was alleged that repetitive bending, lifting, and twisting during the course of work caused lumbar disc herniation and a 25% permanent disability which resulted in loss of wages and suffering and pain. The railroad was not found to be negligent and the plaintiff was awarded a small award.

    Environmental Exposure

    Railroad workers are exposed to various environmental chemicals. Based on the type of work performed the exposure could cause health issues of a variety including multiple myeloma. If you or someone you love 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, a railroad worker 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 their exposure to asbestos and diesel exhaust caused health issues.

    The railroads filed an appeal for summary judgment arguing that, at the time of the plaintiff's diagnosis, it was aware of the circumstances and causes of his injury. The court sided with the railroads and granted their motion concluding that the plaintiff has not conducted a reasonable investigation to determine if the condition was connected to his employment at a railroad.

    The plaintiff offered expert testimony during the trial of an industrial hygienist as well as epidemiologists. The experts claimed that Harris's myeloma arose as a result of the exposure he received to diesel exhaust. The expert witness referenced a variety of studies to support this claim. These studies demonstrated a correlation between diesel exhaust and certain kinds of cancers. No reputable scientist, however has ever claimed that diesel exhaust is the reason of multiple myeloma.