Railroad Laryngeal Cancer Lawyer
A recent study from the International Agency for Research on Cancer has concluded that asbestos causes laryngeal cancer. The scientists who wrote the study observed “evidence for a significantly positive association between asbestos exposure and cancer of the larynx.” The group firmly concluded that based on these findings, “[a]sbestos causes mesothelioma and cancer of the lung, larynx, and ovary.” This study is proof of the growing acknowledgment in the scientific community that asbestos causes laryngeal cancer. The Institute of Medicine, known for their independence, issued a study in 2006 finding sufficient evidence to infer a causal relationship between asbestos exposure and laryngeal cancer. Since then, many federal agencies including the U.S. Environmental Protection Agency, U.S. Agency for Toxic Substances and Disease Registry, and the U.S. Department of Health and Human Services, have increasingly recognized the risk of developing laryngeal cancer from ingesting asbestos fibers.
Doran & Murphy has represented several railroad workers in lawsuits for laryngeal and throat cancer, including a retired Locomotive Engineer from Toledo, Ohio. The lawyers at Doran & Murphy brought a lawsuit in Cleveland, Ohio claiming that the trainman’s exposure to asbestos and diesel exhaust on Defendants’ locomotive engines had caused or contributed to his throat cancer and his chronic lung disease. The plaintiff, who was seventy-nine years old was a former cigarette smoker.
The jury awarded damages in the amount of $872,000 finding that by exposing the worker to asbestos and diesel exhaust throughout his railroad career. The jury also found that the railroader was partly to blame for his own cancer, due to his smoking history. However, since the railroad also was found to have violated the Locomotive Inspection Act, the railroad was liable for the full amount of damages without a reduction for the plaintiff’s own negligence in smoking cigarettes. Following a series of appeals, the railroad finally appealed this decision to the Supreme Court of the United States. On June 28, 2011, the Supreme Court of the United States denied the railroad’s application to hear the case. You can see the order denying the railroad’s application at http://www.supremecourt.gov/orders/courtorders/062811zr.pdf.
To speak with an attorney regarding asbestos exposure and laryngeal cancer, please call us today.