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    Why You Should Be Working With This Railroad Lawsuit Chronic Lymphocytic Leukemia

    Multiple Myeloma Caused by Railroad Work

    Under FELA railroad workers are able to sue to recover compensation for injuries. However, in order to be successful in bringing a claim the injured worker must show that negligence by the railroad was the cause of their injuries.

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

    Benzene Exposure

    The exposure to benzene can be linked to a variety of hematopoietic cancers, including Acute Myeloid Leukemia (AML), Acute Non-Lymphocytic Leukemia (ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer (IARC), 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 daily on a regular.

    Some railroad workers are also exposed to cleaning products like CRC or Safety-Kleen. These types of cleaning agents typically contain a kind of benzene called 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 successfully represented many railroad workers in personal injury claims against their employers under FELA. A jury handed down $7.5 million to a former Chicago and North Western Railroad employee who was diagnosed with acute myeloid tumors after years of exposure.

    In another instance the plaintiff was diagnosed with multiple lymphoma after many years of work as a railroad maintenance technician for signals. He claimed his condition was caused by exposure to diesel exhaust, as well as the benzene he encountered while working. Prior to the start of trial, BNSF filed a motion for summary judgment based upon the idea that plaintiff should have known his cancer was caused by his exposures to chemicals and environmental dangers during his employment at the railroad.

    Creosote Exposure

    A toxic chemical used to preserve wood, creosote has been linked to several cancers, including scrotal and skin cancer. Railroad workers who work on the maintenance and repair of railway ties are frequently exposed to this chemical. The National Toxicology Program reported that those who handled creosote were at a higher risk than the general population of developing lethal forms of cancer.

    In lung cancer lawsuit from smoking , railroad workers sued after being diagnosed with multiple myeloma. He claimed that his exposure to diesel exhaust and other environmental dangers led to cancer. The court decided that the plaintiff knew of the potential damage he could incur because of his job as a railroad worker and could have learned about his injury by conducting an exhaustive search on the internet when the diagnosis came in. Since he was not able to do this the action is barred.

    In a different case, the railroad was successful in defending its decision in a case filed in Philadelphia County by an ex-railroad employee. The plaintiff claimed that he had developed bladder cancer due to the exposure he received to smoke, other chemicals such as diesel exhaust, and creosote.

    Parker Waichman has also obtained defense verdicts for cases involving different types of cancers, including prostate and lung cancer. These cases were filed by former railroad workers, who claimed their cancers had been caused by a lifetime exposure to toxic chemicals at work. The firm is available to review your case's facts and discuss your options.

    Asbestos Exposure

    Asbestos can be a problem for railroad workers. This exposure often occurs when workers are handling railroad ties or repair or install railway equipment. Asbestos exposure can 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 suit, worked every day for CSX Transportation in its Laredo railroad yard. As a result Harris breathed in "harmful, toxic chemicals, fumes, substances, particles, and substances which include but not limited to diesel exhaust, welding fumes, creosote, phenols, carbon monoxide, dioxins and heavy metals."





    We successfully defended our client in the course of a two-week jury trial which it was alleged that the repetitive bending, lifting, and twisting during the course of work caused herniated discs in the lumbar region and an indefinite disability of 25% resulting in lost wages and suffering and pain. The railroad was not found to be negligent and the plaintiff was awarded only a small amount.

    Environmental Exposure

    Railroad workers are exposed a number of different environmental chemicals. Based on the kind of work they do the exposure could cause a variety of health issues, including multiple myeloma. If you or someone you love has been diagnosed with multiple myeloma because of work done on the railroad, contact Parker Waichman to discuss your options.

    In a recent trial a railroad employee was awarded $7.5 million by a jury for being diagnosed with acute myeloid leukemia and myelodysplastic syndrome (MDS). He filed a lawsuit against two major railroads for claiming that exposure to asbestos and diesel exhaust caused his health issues.

    However the railroads filed a summary judgment motion arguing that the plaintiff was aware of the most important facts and potential causes of his injury at the time he was diagnosed. 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 railroad employment.

    In the courtroom the plaintiff presented expert testimony from an industrial hygienist and epidemiologists. The expert witnesses claimed that Harris's myeloma was a result of his exposure to diesel exhaust. The expert witness provided numerous studies to support this claim. These studies demonstrated the connection between diesel exhaust and certain types of cancer. However, no reputable scientist has ever concluded that diesel exhaust is the cause of multiple myeloma.