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Multiple Myeloma Railroad Lawsuits

There are many risk factors that could increase the likelihood of developing cancer. However, not all risk factors will lead to the disease.

Peter's release is different from the one in Jacqua because there are some factual issues that can be decided by a jury. There are still a few questions about the validity.

1. Statute of Limitations

The Federal Employers Liability Act (FELA) provides a three year statute of limitations for filing a claim for cancer triggered by exposure to railway dust. It is essential to speak with a mesothelioma lawyer immediately following diagnosis to make sure that the deadline for filing a lawsuit has been completed.

In a case that was heard in Hendricks county the jury gave $1.5 million to the Plaintiff after finding that his multiple lymphoma resulted by exposure to diesel exhaust during work and other toxic chemicals. Our lawyers successfully defended this claim by challenging the expert witness on the fact that he did not cite any scientific literature relating to the connection between diesel exhaust and multiple myeloma. They also questioned his lack of expertise in the fields of industrial hygiene and ergonomics.

In other cases, we have successfully obtained summary judgment on behalf of railroads that we represent in cases where former workers developed bladder cancer due to occupational exposures. In these cases, the courts found that the consent forms that the employee signed in previous suits barred any new claims based upon workplace exposures that are believed to cause cancer.

2. Comparative Negligence

The legal doctrine referred to as relative negligence defines the monetary amount that plaintiffs who have suffered injuries receive for their injuries. Some states still adhere to the traditional contributory negligence rule. However, the majority of states follow one of three types of comparative negligence: pure, modified comparative negligent, or shared fault.

The principle of comparative negligence does not care what percentage of fault you've incurred in the incident. You still have the right to recover damages less your share of blame. For example, let's say that you make a wrong turn and are hit by Tom who was running at a stop signal. The jury finds that you're at fault for 50 percent at fault and Tom is at 51 percent.

Unlike the pure comparative negligence rule, many modified comparative fault jurisdictions permit you to collect only if your share of the responsibility for the incident isn't greater than a predetermined threshold. This is less generous than pure relative negligence, but is still the standard in the majority of United States. Many insurance companies utilize this legal doctrine in order to reduce their financial responsibility to the injured victim.

3. Non-Economic Damages

Non-economic damages, such as pain and suffering are designed to pay for any emotional trauma or physical discomfort caused by your injuries. The amount you receive for this type of damage will depend on a range of factors, including your own degree of responsibility for the incident.

For instance, if you are hit by a car and suffer minor bruises and cuts, or concussions, your non-economic damages could be as high as half the amount of your economic losses. In some cases you may also seek compensation for medical expenses.

In Navarro the plaintiff's expert witnesses testified that her multiple myeloma was caused by unknown chemical residues that accumulated from empty tank cars and diesel exhaust at the Laredo rail yard. The experts did not provide any evidence in support of this and instead formulated their opinions solely to support the claims of the lawsuit.

An experienced FELA attorney can assist you to establish that your railroad is responsible for the cancer you contracted because of exposure to diesel exhaust, asbestos and secondhand smoke. They can also rely on specific safety laws to prove that the company is responsible for your condition.

4. Settlement Offers

Our railroad cancer lawyers can assist you with negotiating a fair settlement offer for your Multiple myeloma lawsuit. We are able to assess and determine a FELA settlement or verdict based on the amount of your damages, which include medical costs, lost wages and suffering and pain.

As we've learned from other railroad cases involving asbestos, mesothelioma, lung cancer and leukemia, there are a variety of negotiating tactics that the railroads employ to to reduce the value your claim. One such strategy is to invoke the concept of comparative negligence, which is the theory that the amount you are awarded will be reduced based on your own degree of fault for the injury.

This is a serious problem since the research is extremely conclusive in this case and it is clear that benzene, TCE, and other chemicals in Camp Lejeune water cause Multiple Myeloma. This is a presumed disease and under the lower equipoise causality standard of the CLJA it will be very difficult for the government to oppose this claim. In addition the facts of Mr. Aurand's deposition testimony and affidavit suggest that there is at least a matter of fact regarding whether he received any advice that his Multiple myeloma may be due to his work at the Elkhart yard at the time the release was signed by him.

5. Trial

In court trials, the jury is able to hear the testimony of the plaintiff and his witnesses. They may also be able to hear from experts. Expert witnesses are educated in a specific area and are able to explain the relation between certain substances such as diesel exhaust, and their potential toxicity or effects on human health.

The expert witness for the plaintiff, Dr. Peter Infante, is an epidemiologist who is qualified to testify on how illnesses are distributed in certain groups of people. He used a variety studies and comparative risks to back up his claim. Harris' exposure to diesel exhaust triggered his multiple myeloma.

Dr. Lawrence Goldstein is a toxicologist as well as the expert witness for the defendants. He explained that ingestion of the polycyclic aromatic hydrocarbons that are found in diesel exhaust can be transported to bone marrow, and there they could cause cancer. He concluded that the PAHs found in Harris diesel engine exhaust caused his multiple lymphoma. Multiple myeloma is treated with chemotherapy. The goal of chemotherapy is to kill cancer cells while preserving healthy cells. Typically, it is given in conjunction with stem cell transplants.