A new lawsuit has been filed, marking the first time fatalities have been attributed to the catastrophic 2023 train derailment in East Palestine, Ohio, coinciding with the approach of the incident’s second anniversary.
In a significant development, a groundbreaking lawsuit has surfaced alleging the first deaths linked to the disastrous train derailment that occurred nearly two years ago in East Palestine, Ohio. This legal action precedes the second anniversary of the toxic crash, highlighting the ongoing impact on the small community near the Ohio-Pennsylvania border. The filing comes amidst a series of new litigations addressing similar concerns.
Vice President JD Vance and Lee Zeldin, newly appointed head of the Environmental Protection Agency, are expected to visit the community. This visit underscores the heightened attention the case is receiving. Notably, the lawsuit presents the first seven wrongful death claims against Norfolk Southern railroad, including the heartbreaking case of a 1-week-old infant’s death. It is further alleged that the railroad, along with its contractors, mishandled the cleanup operations, while health officials from the EPA and the Centers for Disease Control and Prevention failed to adequately warn residents about potential health risks.
Kristina Baehr, representing around 750 community members, expressed her clients’ desire for truth and transparency about the exposure risks and accountability for the disaster. However, details concerning the deaths remain sparse, though numerous parties in the lawsuit mention ongoing, unexplained health issues and fears of more serious health implications.
Recent litigations, nine of which were filed last week, accuse Norfolk Southern of prioritizing profit over safety and argue that the established $600 million class-action settlement falls short of addressing the derailment’s consequences. These lawsuits emphasize the disparity between the settlement and the railroad’s annual revenue of $12.1 billion over the past two years.
The derailment on February 3, 2023, involved several rail cars derailing due to an overheating bearing. Hazardous materials spilled as a result, igniting fires. The situation worsened when officials conducted a controlled burn of toxic vinyl chloride three days later, fearing an explosion. This controversial decision has been scrutinized, with suggestions that cooling of the tank cars was already underway and the burn might have been unnecessary.
Despite assertions from local and state officials that they were unaware of cooling tanks, the release of black smoke over the region has been a significant concern. Kristina Baehr criticized the EPA’s prioritization of train operations over public health safety. The EPA has stated its advisory role was limited to potential consequences and contamination assessment.
Norfolk Southern has yet to comment on this litigation, but they have agreed to a significant class-action settlement with residents, without admitting to any wrongdoing. The settlement includes comprehensive plans for cleanup and health monitoring. However, payments to affected residents have been delayed as appeals for higher compensation and more transparency into contamination data continue.
The legal action also includes claims from businesses like a pipe manufacturer, dog kennels, and a winery that reported operational disruptions due to the derailment. Additionally, a nearby business owner reported adverse effects such as smoke and debris on their property, while a Pennsylvania dog breeder attributes the death of numerous puppies to the toxic spill.
As the community grapples with the aftermath of the derailment, this new lawsuit highlights ongoing grievances and calls for greater accountability. The developments underscore the persistent impact and complexities surrounding this environmental disaster.
