Fewer than 400 households reject $600 million Ohio train derailment settlement
Few people live near the East Palestine, Ohiotrain derailment chose not to participate in a $600 Million Class Action Suit Settlement Despite residents’ concerns about whether the deal is sufficient, advocates argue that the agreement should be approved later this month.
The attorneys who negotiated the deal with Norfolk Southern on behalf of everyone affected by the disaster Derailment February 2023 said that only 370 households and 47 businesses within a 20-mile radius of the derailment chose not to claim compensation.
That includes just 82 opt-outs from households within 2 miles (3.2 kilometers) of the crash who were promised $70,000 for property damage. People living on the outskirts of the area will receive just a few hundred dollars if a federal judge approves the settlement following a hearing on Sept. 25.
A total of 54,925 claims were filed last week. That number is likely close to the final total, since the deadline for filing forms was August 22.
“It is deeply gratifying that this community has overwhelmingly supported this settlement,” the plaintiffs’ attorneys said in a statement. “This outcome would not have been possible without their determination and resolve to hold Norfolk Southern accountable.”
A separate payment of up to $25,000 for personal injury was more controversial because residents were required to give up any right to a lawsuit in the future if they developed cancer or other serious illness. But some 97% of East Palestine residents signed up anyway.
Some residents have complained that although attorneys have said this settlement is larger than any other derailment settlement, the payments are still not enough to compensate them for all their suffering. Many people are unhappy that the relief payments they received from the railroad company will be subtracted from the settlement they ultimately receive.
One of the main concerns for those objecting to the deal is that the contamination left behind after hazardous chemicals are spilled and burned following the train crash could be worse than they know. That’s why a motion was submitted requesting the judge to order the lawyers to disclose all tests their expert has performed in the community.
The plaintiff’s attorneys said in their motion that they could not release those tests because it would violate the terms of the settlement. They tried to assure the community that they had done extensive research to ensure the settlement was adequate, interviewing about 70 people and reviewing nearly 1.35 million pages of documents.
A separate federal arrangement The agreement between the government and the railroad will see Norfolk Southern pay for the ongoing cleanup, long-term health monitoring of residents and groundwater testing.
The National Council for Transport Safety confirmed earlier this summer that the derailment was caused by an overheated wheel bearing that was not detected in time by trackside detectors. Investigators also said they determined that officials never blow up five tank cars contain vinyl chloride and burn the plastic ingredient, because those tank cars wouldn’t explode anyway.
The plaintiffs’ attorneys said that because of their extensive investigation, they were not surprised by the findings of the NTSB’s June hearing.