Esophageal cancer lawsuit Caused by Railroad Work
Under FELA railroad workers are able to sue to obtain compensation for injuries. In order to bring a successful claim, the injured person must prove that the railroad's negligence contributed to their injury.
The evidence presented at the trial included the testimony of toxicologist who utilized different studies and relative risks to establish that Harris's multi myeloma was the result of his exposure diesel exhaust.
Benzene Exposure
Benzene exposure is associated with a variety of hematopoietic malignancies, 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 it is classified as a Group 1 carcinogen. Norfolk Southern Railway lawsuit can be found in diesel fumes, and railroad workers are regularly exposed to it.
Some railroad workers are also exposed by cleaning products like CRC or Safety-Kleen. These cleaning agents contain a type benzene known as methylbenzene. The methylbenzene is converted to 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 numerous railroad workers in personal injury claims against their employers under FELA. For example the jury awarded a former Chicago and North Western Railroad worker $7.5 million for the diagnosis of acute myeloid leukemia following years of exposure to chemicals and solvents on the job.
In a different case the plaintiff was diagnosed with multiple lymphoma following many years of service as a railway maintenance technician for signals. He claimed that his illness was caused by exposure to diesel exhaust and by the benzene that he was exposed to while working. Prior to the commencement of trial, BNSF filed a motion for summary judgment based on the idea that plaintiff should have known that his cancer was caused by the exposure to chemicals and environmental dangers while working in the railroad.
Creosote Exposure
Creosote, a poisonous chemical used to preserve wood is linked to several cancers including skin cancer and scrotal carcinoma. Railroad workers who were involved in the maintenance and repair of railway ties are frequently exposed to this substance. The National Toxicology Program reported that workers who handled creosote had an increased risk than the general public of developing lethal forms of cancer.
Esophageal cancer lawsuit in which a railroad employee filed suit after being diagnosed with multiple myeloma alleges his occupational exposures to diesel exhaust and other environmental hazards caused the cancer. The court decided that the plaintiff was aware of any potential harm he could suffer because of his job as a railroad worker and could have discovered about his injury by conducting a diligent internet search when he was diagnosed. Since he did not make this effort his claim is time-barred.
In a separate instance, the railroad won its defense verdict in a suit filed in Philadelphia County by an ex-railroad worker. The plaintiff claimed he developed bladder cancer as a result of the exposure he had to secondhand smoke and other chemicals, like creosote or diesel exhaust.
Parker Waichman has also obtained defense verdicts in cases involving other types of cancers, such as lung and prostate cancer. These cases were brought by former railroad workers who claimed their cancers had been due to a lifetime exposure to toxic chemicals at work. The firm is prepared to review your case's details and explain your options.
Asbestos Exposure
Asbestos may pose a health risk for railroad employees. Workers are exposed to asbestos when they work with railroad ties, fix or install railway equipment, or work on railroad tie. Asbestos is known to cause mesothelioma, lung cancer and other cancers.
In a lawsuit filed against CSX Transportation, plaintiff Ronald K. Harris claims that he contracted multiple myeloma due to the effects of his work for the railroad. Esophageal cancer lawsuit , according to the suit, worked every day for CSX Transportation in its Laredo railroad yard. As a result the worker breathed "harmful toxic chemicals, fumes, agents, particles, and other substances that include but are not including diesel exhaust, welding fumes, creosote, carbon monoxide, phenols, dioxins and heavy metals."
We successfully defended our client in the course of a two-week jury trial which it was claimed that the repetitive bending, lifting, and twisting when working as a trackman caused herniated lumbar disks and an indefinite disability of 25% that caused loss of earnings and suffering and pain. The railroad was not found to be negligent and the plaintiff was awarded only a modest amount.
Environmental Exposure
Railroad workers are exposed to a number of different environmental chemicals. Depending on the kind of work they do, this exposure can result in a myriad of health issues which include multiple myeloma. If you or a loved one has been diagnosed with multiple myeloma due to work on the railroad, contact Parker Waichman to discuss your options.
In a recent case a railroad worker received $7.5 million from a jury after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He sued two major railroads, alleging that their exposure to diesel exhaust and asbestos caused health issues for him.
The railroads filed a motion for summary judgment arguing that, at the time of the plaintiff's diagnosis he 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 conducted a reasonable investigation to determine if his illness was due to his work at the railroad.
At trial the plaintiff offered expert evidence from an industrial hygienist and epidemiologists. Expert witnesses claimed that Harris's myeloma arose as a result of the exposure he received to diesel exhaust. To prove this claim, the expert witness referenced various studies that revealed an association between certain types of cancer and diesel exhaust. There is no credible scientist, however has ever claimed that diesel exhaust is the reason of multiple myeloma.