union pacific railroad lawsuit Caused by Railroad Work
Under FELA railroad workers are able to claim compensation for injuries. However, to make a claim that is successful, the injured person must prove that the railroad's negligence was the cause of their injury.
The evidence presented at the trial included testimony from a toxicologist, who used various studies and risk factors to show Harris's myeloma was caused by his exposure to diesel exhaust.
Benzene Exposure
It is linked to various hematopoietic cancers 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 is found in diesel fumes, and railroad workers are frequently exposed to it.
Additionally, some railroad workers are also exposed to benzene by using cleaning products like Safety-Kleen and CRC. These cleaning products typically contain a form of benzene known as the methylbenzene. The methylbenzene is converted to a chemical known as dioxin when it comes in contact with water. Dioxins belong to a group of chemicals that can trigger many serious health problems which include lung cancer.
union pacific railroad lawsuit has successfully represented numerous railroad workers in personal injury claims against their employers under FELA. For instance the jury awarded an ex- Chicago and North Western Railroad worker $7.5 million for the diagnosis of acute myeloid leukemia following years of exposure to solvents and chemicals while working.
Another case involved a plaintiff diagnosed with multiple myeloma after working as a railroad signal maintenance engineer for a number of years. The plaintiff claimed that his condition was caused by exposure to diesel exhaust and by benzene he had experienced during his job. BNSF filed an appeal to dismiss the summary judgment before the trial started on the idea that plaintiff knew or should have known that his cancer was the result of his exposure to environmental hazards and chemicals while working for the railroad.
Creosote Exposure
Creosote, a toxic chemical used to preserve wood has been linked to several cancers including skin cancer and scrotal carcinoma. Railroad workers working on the maintenance and repair of railway ties can be exposed to this chemical. Leukemia lawsuit reported that workers who handled creosote had greater risk than the general public of developing lethal forms of cancer.
In the recent court case, an employee of a railroad filed suit after being diagnosed with multiple myeloma. He claimed that his occupational exposure to diesel exhaust and environmental dangers led to cancer. The court found that the plaintiff knew of the potential damage he could incur from his railroad job and could have learned about his injury by conducting an extensive internet search before he was diagnosed. Since he did not make this effort the action is barred.
In cancer lawsuits , the railroad was able to win a defense decision in a suit filed in Philadelphia County by a former railroad worker. The plaintiff claimed that he developed bladder carcinoma as a result being exposed to smoke, as well as other chemicals such as diesel exhaust, and creosote.
Parker Waichman has also obtained defense verdicts in cases that involve other types cancers, including prostate and lung cancer. These cases were brought by former railroad employees who claimed their cancers had been caused by exposure to toxic chemicals at work. Parker Waichman is prepared to review your case's facts and discuss your options.
Asbestos Exposure
Railroad workers may be exposed to asbestos while working. Workers are exposed to asbestos when they operate railroad ties, repair or install railway equipment or work on railroad ties. Asbestos exposure could cause mesothelioma, lung cancer, and other diseases.
Ronald K. Harris, the plaintiff in a lawsuit brought against CSX Transportation claims that he contracted multiple myeloma through his job at 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, particles, and substances, including but not restricted to diesel exhaust, welding fumes, creosote, carbon monoxide, phenols dioxins and heavy metals."
We successfully defended our client at an two-week jury trial in which it was alleged that the repetitive bent, lifting and twisting while working as a trackman caused lumbar disc herniation 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 received a minimal award.
Environmental Exposure
Railroad workers are exposed to a number of different environmental chemicals. This exposure can trigger a variety of health problems such as multiple myeloma. This is based on the type and extent of the work. If you or a loved one has been diagnosed with multiple myeloma as a result of work on the railroad, contact Parker Waichman to discuss your options.
In a recent case, railroad workers received $7.5 million from the jury after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railroads, alleging that their exposure to asbestos and diesel exhaust caused health issues for him.
The railroads filed a motion for summary judgement in which they claimed that at the time of the plaintiff's diagnosis, the plaintiff was aware of all the facts and causes of his injury. The court agreed with the railroads and granted their motion, concluding that the plaintiff has not made a reasonable inquiry to determine if the condition was related to his work at the railroad.
The plaintiff gave expert testimony in the trial of an industrial hygienist, as well as epidemiologists. The experts claimed that Harris's myeloma was the result of the exposure he received to diesel exhaust. The expert witness cited numerous studies to support this assertion. These studies revealed that there was a link between diesel exhaust and certain kinds of cancers. However, no reputable scientist has ever concluded that diesel exhaust is the main cause of multiple myeloma.