A federal judge on Wednesday approved a $600 million class-action settlement that Norfolk Southern offered to everyone who lived within 20 miles of the station last year. disastrous derailment in East Palestine, Ohio.
Judge Benita Pearson gave final approval to the deal after a hearing in which lawyers who negotiated it with the railroad argued that residents overwhelmingly supported it, attorneys for the residents and railroad spokeswoman Heather Garcia told The Associated Press. About 55,000 claims have been filed. Only 370 households and 47 businesses opted for the exit.
Those who opposed the deal have been vocal in their concerns that the deal will not provide enough information and that the deal was done so quickly that they cannot know what it means. potential health impact The consequences of the derailment are difficult to assess, they say, given the way the test results were reported by the EPA and the fact that attorneys have not revealed everything they learned during their investigation.
Opponents had hoped the judge would order the plaintiffs’ attorneys to release tests conducted by their own expert after the derailment and address their concerns about a toxicologist who told them at one of the attorneys’ town hall meetings that they shouldn’t worry because he didn’t think anyone would develop cancer. That angered residents who were complain of unexplained ailments Since the derailment, we’ve spoken with doctors who are conducting studies to try to determine what the health impacts will be. Experts say it’s too early to know the health impacts.
Some residents shared their stories in the CBS Reports documentary “Toxic Fog: The Aftermath in East Palestine, Ohio.”
“I am convinced that the people of this town have been breathing this stuff and being subjected to it in some way for some time. Is that still the case and how?” town resident Linda Murphy told CBS News earlier this year. “Will we ever be told the truth?”
She said she and her husband both developed strange symptoms after the accident. “I think we’re all going to become statistics, and that’s great if it helps someone else. But what a shame. What a shame to be part of this research that we didn’t sign up for,” she said.
“These lawyers were intimidating people and telling them they would never get any money if they didn’t accept this service. People felt backed into a corner,” said resident Jami Wallace.
The judge’s approval clears the way for payments to be made quickly. Lawyers had previously said they hoped to receive the first checks in the mail before the end of the year.
Under the agreement, any assistance residents receive from the railroad will be deducted from their final payments. Wallace and others who had to move for an extended period while the railroad paid for hotels or rental homes likely won’t receive anything.
Anyone who lived within a 3-kilometre radius of the derailment can get up to $70,000 per household for property damage, plus $25,000 per person for health problems. The benefits decrease as people live further from the derailment, to just a few hundred dollars in outlying areas.
“This outcome would not have been possible without the resilience and support of the East Palestine community and the broader class of impacted residents and business owners,” the plaintiffs’ attorneys said in a statement. “We look forward to beginning the distribution of funds in the coming weeks to help this community rebuild and move forward.”
Norfolk Southern said in a statement: “Today marks an important day for East Palestine and the surrounding communities. We promised to make it right and this is just one part of that commitment. We remain committed to this community for the long term and look forward to continuing our relationship with the village as we work to help the area recover and thrive.”
When the train derailed late on Feb. 3, 2023, tanker cars filled with hazardous chemicals ruptured and spilled their contents, which caught fire just outside the small town on the Ohio-Pennsylvania border. Then, three days later, authorities decided to blow up five tanker cars of vinyl chloride and burn the toxic plastic ingredient inside because they feared they would explode.
Since the derailment, the railway provided residents and the community with $108 million in assistance and paid for the massive cleanup that cost more than $1 billion.
“We promised to do things right and this is just one part of that commitment,” the railroad said in a statement. “We remain committed to this community for the long term and look forward to continuing our relationship with the village as we work to help the area recover and thrive.”
Tamara Lynn Freeze said she and her husband ultimately decided to accept the deal despite concerns that they would be giving up their right to sue even if someone eventually develops cancer. She said the thought of one day having to go it alone against the railroad company’s army of lawyers was daunting.
“It seemed like everybody kind of wanted this to end, like the lawyers and obviously Norfolk,” Freeze said.
She and her husband live in her childhood home, about 150 meters from the derailment site. They must now decide whether to abandon the home they paid for or find a place where they will feel comfortable planting a garden and living normally again.
