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Shapiro & Appleton

$200,000 Settlement for Railroad Conductor Who Contracted Lymphoma

Law firm staff:

Richard (Rick) Shapiro

Herbert Wooten, investigator

R Hughes, paralegal

A Monroe, legal assistant

Settlement: 

$200,000.00 (lymphoma cancer)

What happened:

Our client, a brakeman/conductor, worked for a major Class 1 railroad between 1965 and 2002.  He was exposed to diesel fumes in diesel locomotive engines during a large part of his career.  He also worked through many tunnels during his conductor work while operating or working inside of diesel locomotive engines. Because no air conditioners were in the diesel freight engines,before the very end of his career, diesel fumes routinely invaded the crew cab. 

Related FELA/Railroad Disease Case Result:

Diesel fumes contain innumerable carcinogens, and exposure to diesel fumes is associated with large B-cell lymphoma. Further, our client was exposed to radioactive contamination during portions of his career.  Our client underwent six separate cycles of chemotherapy and eventually new hyper-metabolic masses were found in his neck and chest and it had also spread to his bladder. 

While scheduled to undergo further chemotherapy during late 2011, he suddenly declined and died from complications of his lymphoma cancer.

Key legal strategies:

Our firm located a preventive medicine physician who is board certified to review the medical treatment and care of the plaintiff and to determine whether railroad workplace carcinogenic exposure was the most probable cause of lymphoma cancer. 

Also, we obtained as much occupational and railroad workplace information as possible and provided it to a certified industrial hygienist on whether the particular railroad supplied a safe place to work for the conductor. 

After obtaining the detailed reports and opinions of the industrial hygienist, and of the preventative medicine doctor, and providing their opinions to the railroad, the case was successfully settled for $200,000.00. 

The railroad required that the terms of the settlement be confidential, which prohibits disclosure of the particulars besides the general details noted above.

Settlement amount: 

$200,000.00 (confidential terms)

$200,000 Settlement

Richard N. Shapiro
Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia
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