Benzene, BNSF, Collins and Cancer


Benzene, BNSF, Collins and Cancer is about BNSF employee that worked as brakeman, conductor, and engineer from 1997 to 2011 that alleges he was “exposed to various toxic substances and carcinogens including but not limited to chemicals, solvents, diesel/exhaust, benzene, heavy metals, creosote, manganese and rock/mineral dust and fibers.” A brief summary of the Benzene, BNSF, Collins and Cancer case is as follows:

  • Plaintiff has filed suit against Defendant under FELA. Plaintiff alleges that Defendant was negligent in exposing him to these substances and that he developed colon and then liver cancer as a result.
  • Plaintiff alleges that Defendant did not have locomotives with adequate ventilation and air filtration systems, did not install proper engine exhaust filters, utilize low emissions fuel, or require cleaner burning engines.
  • Defendant denies that it was negligent or that Plaintiff’s exposure, if any, was a cause of Plaintiff’s cancer.
  • Defendant moves for summary judgment and to exclude or limit the testimony of Plaintiff’s experts, Dr. Evan Roy Berger and Dr. Michael Ellenbecker.
  • In a hearing on January 14, 2019, the Court granted Defendant’s motion to exclude Dr. Ellenbecker’s late-produced report.
  • Dr. Berger is Plaintiff’s causation expert. Defendant argues that he should not be permitted to testify because he “reaches a `causation’ opinion using a methodology he made up himself, one that is unknown to science.’
  • After considering Defendant’s Motions and all applicable law, the Court determines that Defendant’s Motions must be GRANTED.

For more on the Benzene, BNSF, Collins and Cancer case in the United States District Court, S. D. Texas, please follow this link: Benzene, BNSF, Collins and Cancer


Contact Us At the Gooch Law Firm, we pride ourselves on providing our clients reliable representation for even the most challenging cases. If you have been diagnosed with a serious disease (e.g., leukemia, cancer, AML, kidney cancer, MDS, multiple myeloma, non-hodgkins lymphoma etc.) from benzene exposure, and need a benzene lawyer to help you file a benzene exposure lawsuit, contact our office at 1.844.329.5955.


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