FELA Diesel Exhaust Case: A Confidential Settlement with National Railroad Company

Our Personal Injury Attorneys Secured a Confidential Settlement for a Train Engineer who Suffered Bladder Cancer after Exposure to Diesel Exhaust

Date: October 20, 2017

Our Chicago personal injury attorneys recently secured a confidential settlement for a client who had suffered bladder cancer and additional harms following extended exposure to diesel exhaust. Moreover, in the course of chemotherapy treatment for the cancer, our client suffered permanent hearing loss, which requires him to wear hearing aids. Through our lawyers, Timothy I. McArdle and Michael S. McArdle, the firm filed a suit in the Circuit Court of Cook County under the Federal Employers Liability Act (FELA), on behalf of their client, a former railroad engineer. Discovery revealed that the railroad industry has known since the 1950s that diesel exhaust was harmful to its employees. However, they took no steps to protect their employees or warn them of the need to minimize their exposure to diesel exhaust. As the case neared trial, the Defendant Railroad agreed to a confidential settlement.

FELA and Diesel Exhaust Exposure

Under FELA, railroad and train companies must protect their employees from harm and injury, in and around their workplaces. However, the plaintiff’s employer of 25 years – a national railroad company with train yards in Chicago – failed to protect him from extended exposure to harmful diesel exhaust. During his employment with the defendant, from 1966 to 1991, the engineer was overly exposed to trains’ diesel exhaust.

As a result of discovery within the course of litigation, Tim McArdle and his colleagues uncovered direct evidence which demonstrated that the railroad industry (and, more specifically the railroad companies) definitely knew of serious health risks connected with diesel exhaust exposure in rail yards. As the evidence showed, these train companies were aware of these risks for decades. Our lawyers showed that the defendant knew of the risks of bladder cancer caused by excessive exposure to diesel exhaust, yet failed to warn and protect the plaintiff from that harm.

A Confidential Settlement under FELA

By aggressively pursuing the facts and producing convincing evidence of the defendant’s liability in the cause of our client’s bladder cancer, our lawyers secured a confidential settlement for their client. The defendant settled the case for a confidential amount.

Posted in: Newsroom, Personal Injury, Personal Injury Law, Personal Injury Settlements and Verdicts

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