Residents near the East Palestine, Ohio, train derailment have largely opted in to a $600 million class action settlement, with only a small number choosing to opt out. The settlement, negotiated by lawyers representing those affected by the February 2023 derailment, is set to be approved later this month.
Out of the 54,925 claims filed, only 370 households and 47 businesses within a 20-mile radius of the derailment opted out of the property damage payments. Specifically, 82 households within 2 miles of the crash, who were promised $70,000 for property damage, chose to opt out.
Despite some reservations about the adequacy of the settlement, the majority of residents have shown support for the agreement. A separate payment of up to $25,000 for personal injuries, which required residents to waive their right to sue in the future for certain ailments, saw a 97% participation rate from East Palestine residents.
However, concerns remain among some residents regarding the level of compensation provided in the settlement. Many are dissatisfied with the fact that aid payments received from the railroad will be deducted from any final settlement amount.
One key issue raised by objectors is the potential extent of contamination left behind by hazardous chemicals spilled during the derailment. Residents have requested the release of all tests conducted by experts in the community to assess the contamination.
The plaintiffs' lawyers have defended the settlement, stating that they conducted extensive research to ensure its adequacy. They emphasized interviewing numerous individuals and reviewing a vast number of documents to reach a fair agreement.
Additionally, a federal settlement between the government and the railroad will hold Norfolk Southern accountable for ongoing cleanup efforts and long-term medical monitoring of residents, as well as groundwater testing.
The National Transportation Safety Board confirmed that the derailment was caused by an overheated wheel bearing and clarified that the decision to burn tank cars containing vinyl chloride was unnecessary. The plaintiffs' lawyers expressed confidence in their investigation, noting that the NTSB findings were not surprising based on their own extensive research.
