How Railroad Lawsuit Chronic Lymphocytic Leukemia Has Become The Most Sought-After Trend In 2023

Multiple Myeloma Caused by Railroad Work

Under FELA railroad workers may sue to obtain compensation for injuries. However, in order to succeed in bringing a claim, the injured worker must prove that negligence on the part of the railroad caused their injuries.

The evidence presented at the trial included testimony from toxicologist who utilized different studies and risk factors to prove Harris's myeloma was caused by his exposure to diesel exhaust.

Benzene Exposure

Exposure to benzene has been linked with a variety of hematopoietic malignancies that include Acute Myeloid Leukemia (AML), Acute Non-Lymphocytic Leukemia (ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer (IARC), it is classified as a Group 1 carcinogen. This chemical can be found 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 and CRC. These cleaning agents contain a specific benzene known as methylbenzene. When methylbenzene is in contact with water, it transforms into a chemical known as dioxin. Dioxins can cause lung cancer as well as other serious health problems.

Parker Waichman has represented railroad employees in personal injury lawsuits against their employers, under the FELA. For instance the jury awarded a former Chicago and North Western Railroad worker $7.5 million for his diagnosis of acute myeloid leukemia after years of exposure to solvents and chemicals while working.

Another case involved the plaintiff who was diagnosed with multiple myeloma after working as an engineer in the maintenance of railroad signals for a period of time. He claimed his condition was a result of exposure to benzene and diesel exhaust that he was exposed to on the job. Prior to the beginning of trial, BNSF filed a motion for summary judgment based on the theory that plaintiff could have realized that his cancer was related to his exposures to chemicals and environmental hazards while working for the railroad.

Creosote Exposure

A poisonous chemical that is used to preserve wood creosote is associated with various cancers, including skin and scrotal cancer. Railroad workers who work on the maintenance and repair of railway ties are often exposed to this substance. The National Toxicology Program reported that workers who handled creosote had more risk than general population of developing fatal forms of cancer.

In  bnsf lawsuit , railroad workers filed suit after being diagnosed with multiple myeloma. He claimed that his occupational exposure to diesel exhaust as well as environmental dangers led to cancer. The court decided that the plaintiff knew of the potential damage he could incur from his work at the railroad, and could have found out about his injury by conducting an extensive internet search before the diagnosis came in. Because he failed to take this step his action is deemed to be 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 worker. The plaintiff claimed that he developed bladder cancer due to his exposure to secondhand smoke and other toxic chemicals, like creosote or diesel exhaust.

Parker Waichman has also secured defense verdicts in cases involving other types of cancers, including lung and prostate cancer, brought by other former railroad employees who claimed that their cancers stemmed from a lifetime of exposure to toxic chemicals at work. The firm is prepared to review the facts of your case and explain your options.

Asbestos Exposure

Asbestos can pose a risk for railroad workers. This can happen when workers are handling railroad ties, or repair or install railway equipment. Asbestos is known to cause mesothelioma, lung cancer and other cancers.

In a case brought against CSX Transportation, plaintiff Ronald K. Harris alleges that he contracted multiple myeloma as a consequence of his work for 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 chemical substances, toxic chemicals, agents, fumes, particles, and other substances that include but are not limited to diesel exhaust, welding fumes, creosote, carbon monoxide, phenols dioxins, and heavy metals."

We successfully defended our client at a two-week jury trial in which it was claimed that repetitive bending, lifting, and twisting during the course of work resulted in herniated lumbar disks, and an indefinite disability of 25% that resulted in a loss of wages as well as pain and suffering. The railroad was found to not be negligent and the plaintiff received only a small amount.

Environmental Exposure

Railroad workers are exposed a variety of environmental chemicals. This exposure can lead to various health issues including multiple myeloma, based on the nature and severity of the work. If you or a loved one has been diagnosed with multiple myeloma as the result of work on the railroad, call Parker Waichman to discuss your options.

In a recent case a railroad worker was awarded $7.5 million from an appeals court after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railways in the claim that their exposure to diesel exhaust and asbestos caused 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 details and causes of the injury. The court sided with the railroads and granted their motion, concluding that the plaintiff has not made a reasonable inquiry to determine if his illness was connected to his railroad employment.

In the courtroom, the plaintiff presented expert evidence from an industrial hygienist and epidemiologists. The expert witnesses said that Harris's myeloma is a result of his exposure to diesel exhaust. The expert witness referenced a variety of studies to prove this. These studies proved the connection between diesel exhaust and certain kinds of cancer. However, no reputable scientist has ever concluded that diesel exhaust is the cause of multiple myeloma.