lung cancer lawsuit from smoking Caused by Railroad Work
Under FELA railroad workers are able to sue to recover compensation for injuries. To be successful, the injured worker will need to prove that the railroad was negligent in causing the injury.
The evidence in the trial included the testimony of toxicologist who conducted various studies and risk factors to establish 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 classification of benzene is Group 1 carcinogen. This chemical is found in diesel fumes and exhaust which many railroad workers are exposed to on a regular on a regular.
Furthermore, some railroad employees are also exposed to benzene by using cleaning products like Safety-Kleen and CRC. These cleaning products contain a benzene type known as methylbenzene. When methylbenzene gets into contact with the water, it is converted into a chemical known as dioxin. Dioxins are a group of chemicals that can trigger many serious health issues, including lung cancer.
Parker Waichman has represented railroad workers in personal injury cases against their employers, in accordance with the FELA. For instance, a jury awarded a former Chicago and North Western Railroad worker $7.5 million for the diagnosis of acute myeloid leukemia after years of exposure to chemicals and solvents while working.
In another instance, a plaintiff was diagnosed with multiple lymphoma after several years of employment as a railway maintenance technician for signals. The plaintiff claimed that his illness was caused by exposure to diesel exhaust and benzene that he was exposed to on the job. BNSF filed an motion for summary judgment prior to the trial started on the idea that plaintiff knew or should've had the knowledge that his cancer was the result of his exposure to chemicals and environmental hazards while working for the railroad.
Creosote Exposure
Creosote, a toxic chemical used to preserve wood, has been linked with several cancers including skin cancer and scrotal cancer. It is a frequent issue for railroad workers who work on the maintenance and repairs 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.
In an upcoming court case, an employee of a railroad filed suit after being diagnosed with multiple myeloma. He claimed that his occupational exposure to diesel exhaust as well as environmental hazards led to the development of cancer. The judge decided that the plaintiff was aware of the possibility of negative effects of his work at the railroad and could have discovered the injury through a reasonably diligent internet search prior to the time he was diagnosed. He did not undertake the search and his case was deemed to be time-barred.
In a different case, the railroad was successful in defending its verdict in a suit filed in Philadelphia County by an ex-railroad employee. The plaintiff claimed he was diagnosed with bladder cancer as a result of the exposure he received from secondhand smoke and other chemicals, like creosote or diesel exhaust.
Parker Waichman has also secured defense verdicts in cases involving different types of cancers including prostate and lung cancer, which was brought by former railroad workers who claimed that their cancers stemmed from an exposure to toxic chemicals while working. The firm is ready to review the facts of your case and discuss your options.
Asbestos Exposure
Railroad employees may be exposed to asbestos during their employment. Workers are exposed to asbestos when they operate railroad ties, repair or install railway equipment, or work on railroad tie. Asbestos is known to cause lung cancer, mesothelioma and other illnesses.
In a case filed against CSX Transportation, plaintiff Ronald K. Harris alleges that he contracted multiple myeloma because of his employment with the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a daily basis. In the process the worker breathed "harmful chemical substances, toxic chemicals, fumes, agents, particles, and substances that include but are not only diesel exhaust creosote, welding fumes, carbon monoxide, phenols, dioxins and heavy metals."
We successfully defended our client at the course of a two-week jury trial which it was alleged that the repetitive bent, lifting and twisting during the course of work caused herniated lumbar disks and an indefinite disability of 25% that resulted in a loss of wages as well as suffering and pain. The railroad was found not to be negligent, and the plaintiff was awarded a modest award.
Environmental Exposure
Railroad workers are exposed a number of different environmental chemicals. Depending on the type of work performed the exposure could cause health issues of a variety including multiple myeloma. Contact Parker Waichman if you or a family member has been diagnosed with myeloma following working on the railroad.
In a recent trial an employee of a railroad was awarded $7.5 million by a juror for being diagnosed with acute myeloid leukemia and myelodysplastic Symptom (MDS). He sued two major railroads, claiming that their exposure to asbestos and diesel exhaust caused health issues for him.
However the railroads filed a summary judgment motion arguing that the plaintiff was aware of fundamental facts and possible causes of his injuries at the time he was diagnosed. The court sided with the railroads and granted their motion concluding that the plaintiff has not conducted a reasonable investigation to determine if his illness was connected to his railroad employment.
At trial the plaintiff presented expert testimony from an industrial hygiene specialist and epidemiologists. The expert witnesses stated that Harris's myeloma is a result of his exposure to diesel exhaust. The expert witness provided numerous studies to back this claim. These studies revealed a correlation between diesel exhaust and certain kinds of cancers. However, no reputable scientist has ever claimed that diesel exhaust is the source of multiple myeloma.