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BNSF Railway Lymphoma Lawsuits

BNSF railway lymphoma lawsuits claim workers were exposed to asbestos at work and developed lung cancer. A successful FELA case can help you obtain compensation to pay for medical expenses, lost wages, future needs, and discomfort and pain.

In two separate cases Robert Nelson and Kelli Tyrrell the administrator of Brent Tyrrell's estate filed suit against BNSF under FELA. BNSF claimed that Montana courts were not able to exercise jurisdiction over the matter because the company does not do significant business in the state.

Exposure to Asbestos

Several types of asbestos have been linked to mesothelioma and other cancers. Asbestos is made up of a grouping of minerals that are found as bundles of fibers. As asbestos fibers are inhaled, they can get stuck in the lung. At some point, the asbestos fibers could cause injury to the linings of the chest and lung wall and cause mesothelioma. In addition, exposure to asbestos can affect other organs and tissues, like the heart and abdominal cavity. Asbestos exposure can cause respiratory disorders and fibrosis.

In the 1950s, steam-powered locomotives employed asbestos to cut down on heat and fire. Railroad workers were at a greater risk of exposure to asbestos. Locomotive operators had an elevated danger of exposure to asbestos due to the fact that they worked close to parts and components that contain asbestos, like fireboxes and boilers.

These components can release deadly fibers of asbestos into the air as they deteriorate. Employees are at risk of swallowing or consuming asbestos-containing foods or drinks. In many instances workers carried asbestos home on their clothing as well. This increased the risks for family members who cleaned or handled these clothes, such as spouses and children. The asbestos fibers can cause mesothelioma or other illnesses like lung cancer, pleural plaques, or asbestosis. Exposure to other carcinogens like as benzene can increase the risk of developing cancers, such as Hodgkin's lymphoma or multiple lymphoma.

Smoking

Lymphoma, a form of cancer, develops when lymphocytes in the immune system change and grow uncontrollably. Studies have linked exposure to certain chemicals such as benzene or the herbicide glyphosate an elevated risk of Non-Hodgkin lymphoma. Benzene is a component of diesel exhaust puts railroad workers at risk of developing lymphoma. Glyphosate is a widely used herbicide, and many maintenance of way workers have been exposed to it as they spray plants along railroad rights-of-way. Other chemicals that could cause lymphoma include the use of cadmium, BNSF Railway Lymphoma solvents and degreasers, as well as, mineral spirits, thinners, parts cleaners and fluids. A lawyer for railroad injuries can help injured employees collect evidence to prove that their cancer was caused by exposure to these chemicals or other harmful chemicals at work.

After a five-day trial jurors only took an hour to reach a defense verdict in favor of BNSF in the case of Mrs. Bettisworth, who filed a lawsuit under the Federal Employee Liability Act, also referred to as FELA for injuries she sustained due to occupational exposures to toxic substances at work. The industrial hygiene expert from BNSF presented evidence during the trial on the occupational safety programs that the company put in place, and the plethora of air monitoring conducted in the yard where Ms. Bettisworth worked.

Asbestos Exposure at Work

Before the dangers of asbestos were well-known many people held jobs that exposed them to this harmful substance. Shipbuilding, asbestos mining, asbestos milling, insulation and asbestos-containing products were all jobs which exposed workers to asbestos. Asbestos can cause cancer, including mesothelioma. There were instances of brief exposure and only a single exposure to asbestos can be harmful. Even low-level asbestos exposures can be deadly when repeated over a prolonged period.

Railroad workers may be exposed to benzene, which is known to cause leukemia as well as other cancers. Inhaling solvent bath vapors to repair automobile and locomotive components can expose railroad workers to benzene. Additionally, they may inhale benzene-based vapors from cleaning chemicals and paints used in the workshops of departmental locomotives and car mechanics, electricians, machinists, and pipefitters.

Furthermore, railroad workers have been found to be exposed to airborne levels of asbestos fibers within their workplaces. According to the Occupational Safety and Hygiene Administration (OSHA), any worker who works in positions that require exposure to airborne concentrations of chrysotile asbestos that exceed the Threshold Limit Value or Excursion Limit, must undergo an entire physical examination prior to the beginning of employment. These medical exams must include pulmonary function tests, chest x-rays, and BNSF Railway Lymphoma an asbestos assessment by a doctor qualified to conduct these tests.

BNSF's Negligence

Railroad workers who are suffering from lymphoma as a result of toxic exposures could be entitled to fair compensation via an FELA claim. However, they must submit their claim within three years of the date at which the cause of action arose. To ensure that employees receive the benefits they deserve they can consult with a qualified FELA attorney.

Karen Burchfield, assistant vice president of Industrial Products Sales at BNSF She attended the Light the Night event in Fort Worth to support her colleagues and loved ones who have been affected by cancer. The event featured memorable stories, powerful ceremonies and vibrant lanterns. The event also featured music, music, and a walk, which concluded with fireworks. The event was extremely meaningful to her, and reminded her of her coworkers who were there to help her through the darkest moments. During her cancer fight, she received meals, hugs on the hallways, and thoughtful letters.

Robert Nelson and Kelli Tyrrell brought suits against BNSF in Montana state court alleging that they suffered injuries from exposure to carcinogens. BNSF requested dismissal of the suit due to lack of personal jurisdiction. The Montana Supreme Court affirmed the lower court's decision. BNSF appealed. The appeals court held that state courts have personal jurisdiction over railroads due to the fact that they do business in the states where they are located.