East Palestine, Ohio, residents are requesting more time and information before deciding on a $600 million settlement with Norfolk Southern over the 2023 train derailment.
Bollywood Fever: Some residents of East Palestine, Ohio, are seeking additional time and more information before deciding whether to accept their share of a $600 million class-action settlement with Norfolk Southern, stemming from last year’s devastating train derailment.
The deadline for residents to file a claim is Thursday, but it remains unclear whether the judge will rule on their motion before then.
The February 3, 2023, derailment, which occurred near the Ohio-Pennsylvania border, exposed residents within a 20-mile radius to hazardous chemicals.
Those living within 10 miles of the crash site are eligible to receive up to $25,000 per person for personal injuries.
However, accepting this money would require them to forgo the right to sue in the future if they develop serious health issues like cancer due to chemical exposure.
The amount of compensation varies depending on proximity to the derailment. For example, residents within 2 miles of the crash can receive $70,000 for property damage, while those farther out may receive only a few hundred dollars.
A significant concern raised by attorney David Graham in a recent motion is the lack of disclosure regarding test results conducted by Stephen Petty, an expert hired by the plaintiffs’ attorneys.
Petty, who has extensive experience in contamination cases, was expected to provide crucial data on the extent of the chemical contamination in East Palestine.
However, residents have yet to see these results, which were initially promised by the attorneys.
In response, Graham has requested that the judge order the release of Petty’s data to address residents’ concerns.
He also criticized the plaintiffs’ attorneys for bringing in a different expert, Dr. Arch Carson, at a recent online town hall.
Carson reassured residents that he didn’t believe anyone in town would develop cancer from the derailment, but he did not clearly explain the basis for his opinion, other than mentioning brief data from the Environmental Protection Agency (EPA).
Dr. Erin Haynes, who is leading one of the primary health studies in the area, strongly disagreed with Carson’s assessment, stating that there is no research data to support his conclusion.
Haynes is chair of the Department of Epidemiology and Environmental Health at the University of Kentucky College of Public Health and is closely tracking respiratory problems, rashes, and other ailments reported by residents.
Graham further suggested that the plaintiffs’ attorneys might be more focused on securing their legal fees, which could amount to $180 million, rather than fully representing the interests of the affected residents.
The plaintiffs’ attorneys have yet to respond to Graham’s motion. However, they have previously defended the settlement, claiming it is larger than any previous derailment settlement that has been made public.
They also argued that the amount of time residents were given to evaluate the deal is consistent with other settlements of this nature.
Some residents have expressed frustration over the timing, particularly since the initial opt-out deadline came less than a week after the National Transportation Safety Board (NTSB) held a hearing on its findings from the derailment investigation.
The uncertainty over the long-term health implications of the disaster continues to weigh heavily on the community as they grapple with the decision to accept or reject the settlement.
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