Residents in East Palestine, Ohio are facing a deadline this week to decide whether to accept their share of a $600 million class-action settlement with Norfolk Southern over a train derailment that occurred last year near the Ohio-Pennsylvania border. Those who live within 10 miles of the crash have the option to receive up to $25,000 per person for personal injuries, but accepting this money means giving up the right to sue later for illnesses that may develop as a result of chemical exposure. The settlement amount varies based on proximity to the derailment, with those living closest receiving more compensation.
Concerns have been raised by residents and their attorney, David Graham, regarding the lack of disclosure of testing results conducted in the town by expert Stephen Petty, who has testified in numerous contamination lawsuits. Graham has filed a motion asking the judge to order the release of this information to address residents’ worries. Despite promises made by attorneys early on in the case that Petty’s data would be made public, a different expert, Dr. Arch Carson, was presented at a recent town hall meeting and stated his opinion that no one in town would develop cancer as a result of the derailment.
Researchers monitoring the health of residents in the area have expressed uncertainty about the long-term effects of the derailment on the community. Dr. Erin Haynes, who is leading one of the main studies in East Palestine, disagreed with Dr. Carson’s assessment and highlighted the lack of research data supporting his claim. Graham has suggested that the attorneys representing the plaintiffs may be more focused on collecting legal fees amounting to $180 million than on prioritizing the best interests of the residents affected by the derailment.
The plaintiffs’ lawyers have defended the settlement, emphasizing that it is larger than any previous derailment settlement and that residents were given a comparable amount of time to evaluate the deal. Some residents have criticized the timing of the initial opt-out deadline, which came shortly after the National Transportation Safety Board held a hearing on its findings from the investigation. The attorneys have yet to respond to Graham’s motion to release the testing data conducted by Stephen Petty, which residents are keen to access before making a decision on whether to accept the settlement.
The deadline for residents within 20 miles of the derailment to file a claim is approaching, and the judge’s ruling on the motion to disclose testing results remains uncertain. As the community grapples with the aftermath of the train derailment and weighs the potential long-term health impacts, transparency and access to crucial information are paramount. Residents are looking for more time and detailed information to make an informed decision about whether to participate in the class-action settlement or pursue other avenues for compensation and legal recourse.
