What is Mesothelioma?
Mesothelioma is a rare form of cancer caused by asbestos exposures. The disease develops in the mesothelium.1 The mesothelium is the tissue that covers the majority of your internal organs.2 There are four types of mesothelioma:
- pleural mesothelioma (lungs),
- peritoneal mesothelioma (abdomen),
- pericardial mesothelioma (heart), and
- testicular mesothelioma (testes).
The majority of mesotheliomas are pleural, where the disease starts in the lining of the lungs.
What Causes Mesothelioma?
Asbestos exposure is the primary risk factor. About 8 out of 10 people who develop mesothelioma encountered asbestos at some point in their lives.3-4 Mesothelioma also has a long latency period- it often appears several decades after a person is exposed to asbestos.2 Researchers still do not fully understand how asbestos triggers the DNA changes that lead to mesothelioma.
What is Asbestos?
Asbestos is a naturally occurring fibrous silicate mineral that is mined from deposits around the world. After extraction, manufacturers processed asbestos into a wide variety of commercial products and building materials. There are six different types of asbestos. All six are classified by the International Agency for Research on Cancer (IARC) as Group 1 carcinogens.5 Examples of other Group 1 carcinogens include benzene, plutonium, and tobacco.
How do Exposures to Asbestos Occur?
The most dangerous asbestos exposures occur when people inhale or ingest asbestos fibers. As asbestos materials deteriorate, they break down and release fibers into the air. Once airborne, these fibers can linger for days and people can easily inhale or ingest them.
Typically, these exposures happen in occupational settings. However, that is not always the case. Asbestos fibers can cling to clothing, and individuals who never worked around asbestos have developed mesothelioma after being exposed to fibers brought home on a loved one’s work clothes. These situations are often called secondary exposures.
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Why Have so Many Railroad Workers Been Exposed to Asbestos?
Asbestos is tough, resists corrosion, insulates extremely well, and costs very little to produce. These characteristics made asbestos highly suitable for a wide variety of applications within the railroad industry. The railroads began using asbestos shortly after industrial production of asbestos began, and it was not long before asbestos was used throughout the industry. As a result, many railroad workers faced daily exposure to asbestos for decades. Even today, asbestos exposure continues to pose a serious hazard for railroad employees.
When was Asbestos Known to Cause Mesothelioma?
The Association of American Railroads identified asbestos as a toxin in 1937. By 1958, railroads knew that asbestos caused cancer. After 1960, the medical community accepted that asbestos definitively causes mesothelioma.
When did the Railroads Stop Using Asbestos?
By 1960, the railroads had become so reliant on asbestos that they resisted calls to phase out its use for decades. Eventually, manufacturers slowly started to refuse to manufacture new products with asbestos. As a result, the railroads were forced to transition to alternatives in the mid-1980s. Even so, the threat of asbestos continues to linger. As recently as 2015, OSHA cited CSX for violating the asbestos standard at its Selkirk Shop.
Which Railroad Workers are at the Greatest Risk of Mesothelioma?
Traditionally, locomotive machinists, electricians, pipefitters, and car department workers experienced some of the worst asbestos exposures. Those railroad employees performed hands-on work that required cutting and shaping of asbestos-containing parts, such as gaskets and brake shoes. However, exposure was not limited to shop crews. Locomotive engineers, conductors, and track department workers also encountered asbestos in their daily work.
In fact, many railroad buildings and bridges were constructed with asbestos-containing materials. Furthermore, when the railroads attempted to remediate asbestos from locker room floors and ceilings, contractors often spread asbestos dust throughout the workspace through negligent cleanup practices.
What Other Diseases are Associated with Asbestos Exposures?
In addition to mesothelioma, asbestos exposures can lead to:
- Lung Cancer
- Laryngeal Cancer
- Colorectal Cancers
- Stomach Cancer
- Ovarian Cancer
- Kidney Cancer
- COPD
- Asbestosis
What can I do if I was Exposed to Asbestos?
If you or a loved one was exposed to asbestos and have been diagnosed with mesothelioma or any other asbestos-related disease, the attorneys at Hughes Law Offices may be able to help. These are complicated cases that require experienced attorneys. While you and your loved ones focus on recovery, let us do the work needed to prove your case. Contact Hughes Law Offices today at 312-877-5588 for a free attorney consultation.
Railroad Mesothelioma Verdicts & Settlements
$6,951,000 verdict (California, 2015)
The Plaintiff worked as a boilermaker for Southern Pacific Railroad (which merged with UP in ‘96). During his time with the railroad, he was repeatedly exposed to asbestos at Southern Pacific’s Sacramento locomotive shops in California. As a result of his exposure, he developed malignant mesothelioma. During discovery, it was revealed that Southern Pacific did not comply with regulatory requirements regarding asbestos for at least 15 years while the Plaintiff was an employee. The Jury awarded $451,265 in economic damages and an additional $6,500,000 for pain and suffering. (Emerson v. Union Pacific)
$5,240,000 verdict (Texas, 2014)
The Plaintiff worked for the Great Northern Railway (a predecessor to BNSF) as an apprentice carman in Waite Park, Minnesota for a little over two years. During his employment, he was exposed to asbestos fibers while working with asbestos-containing insulation and parts. More than 50 years after leaving the railroad, the Plaintiff was diagnosed with mesothelioma at age 78. The Jury awarded $3,240,000 for physical pain and an additional $2,000,000 for mental anguish. (Blommer v. BNSF)
$6,600,000 settlement (Massachusetts, 2004)
The Plaintiff, a railroad mechanic, worked for Penn Central and later Amtrak at the Southampton Street Yard in Boston, Massachusetts. During his employment, he worked with asbestos-containing pipe insulation, wall insulation, and brake shoes. As a result of his chronic asbestos exposure, he developed malignant pleural mesothelioma. The Plaintiff eventually reached individual settlements with the many Defendants in the case. The aggregate settlement value was approximately $6,600,000. (Moneypenny v. Metropolitan Life Insurance, et al)
$7,500,000 verdict (North Carolina, 2004)
The Plaintiff was employed by CSX for 38 years working as a clerk and then later a supervisor at CSX’s Hamlet Yard in Hamlet, North Carolina. During his employment, he endured chronic asbestos exposure by breathing in ambient asbestos fibers which could be found in all areas of the facility. Three years after he retired, the Plaintiff was diagnosed with mesothelioma at the age of 59. His cancer required that his left lung and part of his stomach be removed and he underwent three courses of chemotherapy. Despite his treatment, by the time of trial, the Plaintiff had received a fatal prognosis. (Williams v. CSX)
Hughes Law Offices is providing railroad asbestos case histories to inform visitors about actual case fact patterns and rulings. Unless specifically noted, the cases summarized herein were not handled by attorneys at Hughes Law Offices. To learn more about these types of cases visit our Asbestos Verdicts & Settlements page.
References
[1] https://my.clevelandclinic.org/health/diseases/22432-mesothelioma.
[2] https://www.mayoclinic.org/diseases-conditions/mesothelioma/symptoms-causes/syc-20375022.
[3] https://www.cancer.org/cancer/malignant-mesothelioma/causes-risks-prevention/what-causes.
[4] https://www.pennmedicine.org/cancer/types-of-cancer/mesothelioma/causes.
[5] https://monographs.iarc.who.int/list-of-classifications.
