5 Clarifications On Railroad Lawsuit Chronic Lymphocytic Leukemia

railroad cancer lawsuit Caused by Railroad Work

Under FELA railroad workers are able to sue to recover compensation for their injuries. However, in order to succeed in bringing a claim, the injured worker must show that negligence on the part of the railroad played a role in causing their injuries.

The evidence in the trial included the testimony of toxicologist who utilized different studies and risk factors to show that Harris's myeloma had been caused by his exposure to diesel exhaust.





Benzene Exposure

The benzene compound is associated with a number of hematopoietic tumors, including Acute Myeloid Leukemia(AML), Acute Non-Lymphocytic Leukemia(ANLL) and Multiple Myeloma. According to Non-Hodgkin's lymphoma lawsuit for Research on Cancer (IARC), benzene is classified as a Group 1 carcinogen. The chemical is found in diesel exhaust and fumes, which many railroad workers are exposed to on a daily on a regular.

Some railroad workers are also exposed by cleaning products like Safety-Kleen or CRC. These cleaning agents contain a specific benzene known as methylbenzene. When methylbenzene comes into contact with the water, it's transformed into a chemical known as dioxin. Dioxins can cause lung cancer and other serious health problems.

Parker Waichman has successfully represented many railroad workers in personal injury cases against their employers under FELA. For example an award was made by a jury to an ex- Chicago and North Western Railroad worker $7.5 million for his diagnosis of acute myeloid leukemia after years of exposure to solvents and chemicals on the job.

In another case, a plaintiff was diagnosed with multiple lymphoma after several years of employment as a railroad signal maintenance technician. The plaintiff claimed that his condition was caused by exposure to diesel exhaust, as well as the benzene that he was exposed to during his work. Before the beginning of trial, BNSF filed a motion for summary judgment based on the idea that plaintiff was aware or should have known his cancer was a result of exposure to chemicals and environmental dangers during his employment at the railroad.

Creosote Exposure

Creosote, a toxic chemical used to preserve wood, has been linked with several cancers including skin cancer and scrotal carcinoma. This chemical is often a problem for railroad workers who work on the maintenance and repair of railway ties. The National Toxicology Program reported that those who handled creosote were at more risk than general public of developing lethal forms of cancer.

A recent court case in which a railway worker sought justice after being diagnosed with multiple myeloma alleges the exposure to diesel exhaust and other environmental dangers caused the cancer. The court found that the plaintiff knew of the potential damage he could incur due to his job at the railroad and could have learned about his injury by conducting a diligent internet search when the diagnosis came in. Because he failed to make this effort his claim is time-barred.

In a different instance, the railroad was successful in defending a verdict in a case filed in Philadelphia County by a former railroad employee. The plaintiff claimed he developed bladder cancer due to the exposure he had to secondhand smoke and other toxic chemicals, like creosote, 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 employees who claimed their cancers were related to years of exposure to toxic chemicals while working. The firm is ready to review the facts of your case and present your options.

railroad cancer lawsuit can be exposed to asbestos during their job. This is often the case when workers manage railroad ties or repair or install railway equipment. Asbestos exposure could cause mesothelioma, lung cancer and other illnesses.

Ronald K. Harris, the plaintiff in a lawsuit against CSX Transportation claims that he contracted multiple myeloma because of his job at the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a regular basis. In the process Harris breathed in "harmful chemical substances, toxic chemicals, agents, fumes, particles, and other substances including but not limited to diesel exhaust creosote, welding fumes, phenols, carbon monoxide, dioxins, and heavy metals."

We successfully defended our client during the course of a two-week jury trial which it was alleged that repetitive bent, lifting and twisting while working as a trackman resulted in herniated lumbar disks, and an indefinite disability of 25% which resulted in loss of wages and suffering and pain. The railroad was not found to be negligent and the plaintiff was awarded a modest award.

Environmental Exposure

Railroad workers are exposed a number of different environmental chemicals. This exposure can trigger numerous health problems including multiple myeloma, based on the type and extent of the work. Contact Parker Waichman if you or a family member has been diagnosed with myeloma due to working on railways.

In a recent court case, a railroad employee was awarded $7.5 million by a jury after being diagnosed with acute myeloid leukemia and myelodysplastic Syndrome (MDS). He sued two major railroads, claiming that exposure to diesel exhaust and asbestos led to his health issues.

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

The plaintiff gave expert testimony at trial from an industrial hygienist as well as epidemiologists. The expert witnesses claimed Harris's myeloma was a result of his exposure to diesel exhaust. The expert witness provided numerous studies to prove this. These studies revealed the connection between diesel exhaust and certain types of cancer. However, no reputable scientist has ever concluded that diesel exhaust is the source of multiple myeloma.