New Lawsuit Claims Wrongful Deaths Resulted From 2023 Ohio Train Derailment
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It has been over two years since the devastating train derailment in Ohio that saw toxic chemicals vented into the air over the Village of East Palestine. But even as Norfolk Southern Rail Service finalizes a settlement with the Village, new litigation continues to emerge.
A lawsuit that includes seven wrongful death claims related to the derailment has now been filed. According to the Associated Press, it is the first lawsuit to claim that fatalities resulted following the accident.
The new lawsuit centers on the decision to burn off the vinyl chloride released because of the derailment. The colorless gas, which is used to make PVC, is linked to several types of cancers. Over 700 current and former East Palestine residents have filed this lawsuit.
“Norfolk and the Defendants have attempted to evade a generation of environmental and health consequences around East Palestine – all while minimizing or denying the current and future harm of the contamination,” the lawsuit states, according to a press release. “The community is still contaminated, and people are still sick.”
According to CBS News, at least nine other lawsuits related to the derailment have been filed in recent weeks. These plaintiffs include both businesses and individuals.
East Palestine Agrees to Settlement Over Derailment
While new lawsuits continue to be filed, the Village of East Palestine has reached a $22 million settlement with Norfolk Southern over the derailment and the toxic materials released into the air near the town.
All claims involving the Village in regard to the derailment are resolved as part of the settlement. This settlement also accounts for the $13.5 million in payments that Norfolk Southern has already made to East Palestine.
“The settlement provides the Village with $22 million from Norfolk Southern to be used for priorities identified by the Village in connection with the train derailment,” a statement posted to the Village’s website said.
Norfolk Southern has been scrutinized over the derailment, which was caused by a wheel bearing that overheated and failed. Lawsuits first arose from the decision to vent vinyl chloride into the air in the days following the crash.
The New York Times reported that East Palestine’s fire chief had been “blindsided” by Norfolk Southern’s request to vent the vinyl chloride. He claims he was given only 13 minutes to decide on the procedure.
The National Transportation Safety Board (NTSB) later determined that Norfolk Southern was wrong to suggest the venting. This venting resulted in a chemical mushroom cloud forming over the Village.
Eventually, the pollution spread across more than a dozen states.
“The decision by the local incident commander three days later to conduct a vent and burn of the contents of the tank cars carrying vinyl chloride monomer was based on incomplete and misleading information provided by Norfolk Southern officials and contractors,” the NTSB said.
$600 Million Train Derailment Settlement for Residents Remains Partially on Hold
While a $600 million settlement between Norfolk Southern and East Palestine residents was approved by a judge in September, hurdles remain.
According to the Associated Press, about $300 million of that settlement has remained on hold due to an appeal from holdout residents who disagree with the settlement. While most residents signed on to receive payments, some have objected to the terms.
WKBN reported shortly after the settlement was finalized that some residents were frustrated and upset that the amount to be paid out was not sufficient and does not cover future health issues that may arise.
Residents who lived within two miles of the site were expected to receive up to $25,000 each.
According to CBS News, residents challenging the settlement have been ordered to put up an $850,000 appeal bond to continue the appeal. A judge may require an appeal bond to cover legal fees should the appeal fall through and to dissuade frivolous appeals. If the appeal fails, the residents who filed it will not get the bond money back and will receive the original settlement amount.
Editor Lindsay Donaldson contributed to this article.