A federal judge has approved a $600 million class action settlement related to the Norfolk Southern derailment in eastern Ohio last year. This settlement will resolve claims against the railroad and other defendants involved in the lawsuit. Lawyers involved in the case are now returning to the community to explain the details of the deal and address any questions residents may have. There is concern among residents about potential future lawsuits against the government and the language in the agreement that mentions released parties such as governmental agencies. However, pending lawsuits filed by the EPA and Ohio against the railroad are not affected by the settlement.
The settlement is designed to address all damage claims within a 20-mile radius of the derailment and allow residents to opt for personal injury claims within a 10-mile radius. However, potential future health costs for conditions such as cancer are not currently addressed. Residents living closer to the derailment site are likely to receive more compensation for property damage and injuries compared to those living farther away. The fear of long-term health implications due to chemical exposure remains a major concern for the community, with many residents still experiencing respiratory problems and other symptoms.
Residents who choose to participate in the settlement must consider whether the compensation provided will be enough once the funds are divided among claimants. The attorneys involved in the case are expected to receive up to $162 million in legal fees, which will be deducted from the settlement amount residents receive. The final settlement amount will also be affected by the assistance families received from Norfolk Southern, with any refunds going back into the settlement fund for distribution to the community. A dedicated claims center has been set up in East Palestine to help residents request their share of the settlement, and more community meetings are planned to provide further information.
Residents have until July 1 to opt out of the settlement if they feel that it does not provide adequate compensation and wish to pursue individual lawsuits later. This extended deadline allows residents to review the final NTSB report on the derailment, which will be released on June 25. The NTSB has stated that the crash was likely caused by an overheating bearing on one of the train cars, which went undetected by the railroad’s detectors. The NTSB also clarified that the tank cars, filled with vinyl chloride, did not need to be blown open during the fire, as they were starting to cool off on their own. Residents are encouraged to attend the upcoming hearing to hear more details from the NTSB regarding the derailment.
