A woman filed a railroad cancer lawsuit on behalf of a loved one who developed glioblastoma and died as a result of being exposed to toxic substances and carcinogens while working for the Union Pacific Railroad Company.

Plaintiff Brandy W. filed the railroad cancer lawsuit on behalf of the lateEdward C., in Nebraska federal court. The lawsuit was filed on Feb. 28, 2018. Edward passed away on March 23, 2015.

According to the railroad cancer lawsuit, Edward was employed by Union Pacific at the Avondale, La. yard between 1965 and 2006. The lawsuit states that Edward was “acting in the course and scope of his employment” with Union Pacific.

The railroad cancer lawsuit alleges that throughout his employment, Edward was exposed to various toxic and carcinogenic substances including “defoliants, diesel fuel/exhaust/benzene, creosote, and asbestos/rock/mineral/silica dust and fibers.”

Specific exposure to carcinogenic substances included creosote from the rail lines, mineral or rock dust from the ballast, traction sand that consisted of silica, rail cars or locomotive brakes consisting of asbestos, and chemical defoliants on the rights-of-way, the railroad cancer lawsuit states.

Brandy says that Edward was exposed to carcinogenic substances through consumption, inhalation, and touch. The railroad cancer lawsuit alleges Edward’s exposure to these toxic substances led to the development of glioblastoma, or brain cancer.

The railroad cancer lawsuit is being filed on counts including negligence, for which Union Pacific allegedly “failed to use ordinary care and caution to provide… [Edward] with a reasonably safe place in which to work as required by the FELA.”

Further allegations against the railroad company also include failure to eliminate Edward’s exposure to toxic substances, test railroad facilities, and appropriately maintain or monitor their safety, test equipment, yards, and buildings, remediate carcinogenic or toxic substances, and regularly test employee’s physical condition to the exposure of toxic substances.

Due to Union Pacific’s alleged negligence, the railroad cancer lawsuit alleges that Edward suffered damages including pain, suffering, incurred medical expenses, emotional distress, annoyance, and irritation.

Brandy currently seeks “all damages recoverable under the FELA.” The lawsuit also alleges that Edward was “never informed as to the cause of his cancer.”

Federal Employers’ Liability Act (FELA)

The Federal Employers Liability Act (FELA) was passed by Congress in 1908 to help protect railroad workers who have been injured in their line of work, or exposed to dangerous, toxic, and carcinogenic substances.

The FELA continues to provide a federal system of legal recovery to injured railroad workers, like Edward, who suffered serious injuries because of their exposure to hazardous substances.

Any railroad company that fails to provide a safe working environment for its employees could be in violation of the FELA. The FELA provides railroad workers legal recourse and protective rights.

If found to have committed any of the following actions, a company may be deemed negligent and in violation of the FELA for either failing to provide a safe working environment, failing to provide safe equipment and tools, failing to sufficiently train railroad workers and other employees, or for failing to perform mandatory maintenance and inspection protocol procedures.

The Railroad Cancer Lawsuit is Case No. 8:18-cv-00094-JMG-CRZ, in the U.S. District Court for the District of Nebraska.