



Case results:
Spring 2009
Railroad Conductor/Diesel Fume Asthma/Lung Disease
Diesel Fume Lung Disease Settlement
Law firm staff:
Richard N. Shapiro, attorney
Donald Case, investigator
Randy Appleton, attorney
Roslyn Hughes, paralegal
Meg Cudden, legal assistant
What Happened:
A railroad conductor worked for a major railroad for over 30 years and claimed to have suffered lung disease including diesel fume asthma as a result of prolonged exposure to diesel fumes, mainly while riding in railroad locomotive engines that allow diesel fumes to get into the engine cab area. Specifically, many railroad switching engines, especially those used commonly prior to 1990, positioned exhaust stacks of the locomotive engines in a position where the diesel fumes would trail right into the engine cab's because the engines did not have any air conditioning, were hot, and common use required that the windows and/or doors be opened. The positioning of the exhaust stack of old switcher engines manufactured by General Motors, Electro-motive division, or General Electric, simply allowed diesel fume exhaust to stream into the locomotive engine cabs.
Key Law Firm Strategy:
Our law firm has developed a major body of medical and scientific evidence that diesel fumes, if inhaled over prolonged periods of time, lead to a variety of health conditions including diesel fume asthma, airways disease, reactive airways disease, and chronic obstructive pulmonary disease (COPD) as well as higher rates of lung and other cancers. We have consulted with top experts around the country, and have researched the medical literature. Notably, a very recent 2009 study by a well-known researcher in the United States, determined increased death rates categorized as chronic destructive pulmonary disease (COPD) because of the long term exposure to diesel fumes. The major study excluded the effect of cigarette smoking and still found higher death rates associated with (C. O. P. D.) associated with long-term exposure to diesel fumes at railroads. Previous medical studies have shown increased rates of lung cancer associated with long-term exposure to diesel fumes and this author has written on this topic previously. Also, a wide variety of conditions commonly called diesel fume asthma have been associated with prolonged exposure to diesel fumes. Despite a cigarette smoking history, we were able to successfully resolve the case and obtain compensation for our client very close to the date of the jury trial.
The Results:
(Spring 2009) Case settled for confidential substantial sum
Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the Northeast North Carolina (NC) border, practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases and more. The firm's Virginia website is: hsinjurylaw.com, and North Carolina site is: http://Carolina.HSInurylaw.com/ and our injury firm edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard and also hosts a video library covering many FAQ’s on personal injury subjects. Lawyers licensed in: VA, NC, SC, WV, DC, KY.
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Phone: (757) 460-7776
Fax: (757) 460.3428
Toll Free: (800) 752.0042
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Hampton, Virginia 23669
Phone: (757) 788-8162
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Toll Free: (800) 752-0042
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101 E. Elizabeth Street
Elizabeth City, NC 27909
Phone: (757) 460-7776
Fax: (757) 460.3428
Toll Free: (800) 752.0042
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DISCLAIMER: PLEASE NOTE THAT EVERY CASE IS DIFFERENT, AND THE VERDICTS AND SETTLEMENTS MENTIONED ON THIS WEBSITE, WHILE ACCURATE, DO NOT REPRESENT WHAT WE MAY OBTAIN FOR YOU IN YOUR CASE.
Awarded: The Jacksonville, Florida State Court jury returned a $978,000.00 verdict in favor of TA against the railroad.
Awarded: Several days before court-ordered mediation, the parties arrived at a settlement of $950,000.00.
Awarded: The case was settled for $900,000
Awarded: The case was settled at mediation for $700,000.00
How is the FELA different from, or similar to, workers compensation?