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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
About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses exclusively on injury and accident law. We have a proven track record in the court room, and you can review our case results to see for yourself. Our attorneys have deep roots in Virginia and handle cases throughout the commonwealth. Our office is based in Virginia Beach, but we're ready to come to you anywhere in Virginia if you've been seriously hurt by someone else's carelessness. While not every injury case meets our criteria, we off a free, initial confidential injury case consultation, so call us toll free at 1-800-752-0042. If you cannot get through due to high call volume, please leave a voicemail and we will return your call promptly.
Rick Shapiro and James Lewis were included among the "Best Lawyers in America" 2010 Edition. Rick and James, along with fellow attorney John Cooper were named Virginia "Super Lawyers" For Personal Injury Law (2010 Ed., less than 5% of lawyers are chosen), and selected by the National Million Dollar Advocates Forum (2009). In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical, respected law firms. Our firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.
We also offer free special reports along with editing the Virginia Beach Injuryboard and Norfolk Injuryboard as a public information service. Our injury attorneys also host an extensive injury law video library on Youtube, a Railroad Accident/FELA Lawyers blog, a Medical Malpractice and Surgical Errors blog, and a blog dedicated to accident and safety issues on the Eastern Shore of Virginia.




Main VA Office
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Virginia Beach, VA 23455
Phone: (757)-460-7776
Fax: (757)-460-3428
Toll Free: 1-800-752-0042
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Hampton-Peninsula Area Office
Mill Point Center
101 Eaton Street
Hampton, Virginia 23669
Phone: (757)-788-8162
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North Carolina Office
101 E. Elizabeth Street
Elizabeth City, NC 27909
Toll Free: 1-800-752-0042
Get Directions
Main VA Office
1294 Diamond Springs Road
Virginia Beach, VA 23455
Phone: (757)-460-7776
Fax: (757)-460-3428
Toll Free: 1-800-752-0042
Hampton-Peninsula Area Office
Mill Point Center
101 Eaton Street
Hampton, Virginia 23669
Phone: (757)-788-8162
North Carolina Office
101 E. Elizabeth Street
Elizabeth City, NC 27909
Toll Free: 1-800-752-0042
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: Confidential
How is the FELA different from, or similar to, workers compensation?