A lawsuit has been filed ahead of the second anniversary of the 2023 East Palestine train derailment, alleging that people died as a result of the toxic crash near the Ohio-Pennsylvania border. The lawsuit includes seven wrongful death claims against Norfolk Southern railroad, with one involving the tragic death of a 1-week-old baby. The lawsuit also accuses the railroad and its contractors of mishandling the cleanup process, while claiming that EPA and CDC officials failed to adequately warn residents about health risks.
The lawsuit, representing approximately 750 individuals, seeks transparency, accountability, and answers regarding the exposure and health risks faced by the community. While the lawsuit provides examples of lingering health effects on families, it does not disclose details about the deaths.
The 2023 derailment occurred when an overheating bearing caused dozens of rail cars to derail, resulting in the spillage and ignition of hazardous materials. Subsequently, officials conducted a controversial vent and burn operation involving tank cars filled with vinyl chloride, which generated a massive plume of toxic smoke. Investigations revealed that the operation was unnecessary, as evidence suggested the tank cars were not at risk of exploding.
Norfolk Southern railroad has agreed to a $600 million class-action settlement for individuals within a 20-mile radius of the derailment site. The settlement includes provisions for cleanup, medical exams, and water monitoring, with the railroad denying any wrongdoing. Despite promises to enhance safety measures, federal officials have expressed concerns about the effectiveness of these efforts.
Residents have begun receiving personal injury payments as part of the settlement, although a significant portion of the settlement remains pending due to appeals for higher compensation and more information. Norfolk Southern has also reached a $22 million settlement with East Palestine, which includes funds for water treatment plant upgrades and community improvements.
Additional lawsuits have been filed by businesses, including a pipe manufacturer, dog kennels, and a winery, alleging harm and financial losses due to the derailment. These lawsuits highlight the wide-ranging impact of the incident on the community and local businesses.
