Families of victims from the Ohio train derailment have filed a lawsuit against the company responsible for the incident. This marks the first legal action connecting the tragic 2023 East Palestine derailment to loss of life, just days before the second anniversary of the disaster near the Ohio-Pennsylvania border. The lawsuit, set to be revealed on Monday, includes seven wrongful death claims against Norfolk Southern railroad, with one victim being a 1-week-old baby. It alleges that the cleanup efforts following the derailment were mishandled by the railroad and its contractors, implicating the EPA and CDC for not adequately warning residents about potential health risks. The lawsuit aims to uncover the truth and hold all responsible parties accountable for the harm caused. Additional lawsuits have been filed by other individuals and businesses seeking greater compensation and accountability from the railroad. The derailment, caused by an overheating bearing, resulted in hazardous materials spilling and catching fire, exacerbated by the unnecessary burning of tank cars filled with vinyl chloride. Investigations revealed that the decision to burn the vinyl chloride was unnecessary, as the tank cars were already cooling and posed no immediate threat of explosion. The EPA and CDC have faced criticism for their handling of the situation, with accusations of prioritizing rail operations over public safety. The legal action seeks to shed light on the mishandling of the derailment and the ensuing environmental and health risks posed to the community.
Environmental disasters she has been involved with, such as the Navy’s toxic spill of jet fuel that contaminated water in Hawaii, have raised concerns about the downplaying of health risks by agencies. Residents are frustrated with the data disclosed by the EPA and the lack of transparency from class-action attorneys regarding their own testing expert’s findings. A spokesperson for Norfolk Southern railroad declined to comment on the pending litigation, as the company has reached a $600 million class-action settlement with residents living or working within 20 miles of the derailment. Additionally, Norfolk Southern has agreed to a separate settlement with the federal government, committing to cover the entire cleanup costs and establish funds for medical exams and drinking water monitoring. However, the railroad did not admit any wrongdoing in either settlement.
While some residents affected by the derailment have begun receiving compensation for personal injuries under the class-action settlement, approximately half of the settlement amount is currently on hold due to appeals for increased compensation and more information on the contamination. Consequently, the primary payments of up to $70,000 per household will not be disbursed until the appeals process is resolved.
Apart from the ongoing litigation, nine new lawsuits have been filed, including claims from a pipe manufacturer, dog kennels, and a winery, alleging that the derailment negatively impacted their businesses. Issues ranged from staffing shortages to closures or relocations due to customer concerns. One business located about a quarter of a mile (0.4 kilometers) from the derailment site reported that cleanup activities caused “smoke, debris, and odors” to reach their property, leading to routine flooding. A dog breeder in neighboring Pennsylvania attributed the deaths of 116 puppies and three adult dogs to toxic chemicals released during the derailment.
Reporting for this article was done by Funk in Omaha, Nebraska, with contributions from Associated Press writers John Seewer and Mead Gruver.
