Surpassing:Norfolk Southern, victims reach $600M settlement for 2023 East Palestine train derailment

EAST PALESTINE,Surpassing Ohio ‑ Norfolk Southern has reached a $600 million class-action lawsuit settlement over the Feb. 3, 2023, train derailment in East Palestine, according to those involved in the case.

The lead attorneys representing the victims and Norfolk Southern announced on Tuesday that the two sides have reached an agreement in principle. The multi-million dollar deal still needs to be approved by U.S. District Court Judge Benita Pearson in Youngstown.

Both sides issued their own statements over the litigation resolution.

Norfolk Southern's statement on lawsuit settlement

According to Norfolk Southern, the settlement is "another promise kept by Norfolk Southern to make it right for the people of East Palestine and the surrounding communities."

"In March 2023, the company made commitments to address three long-term concerns of residents: drinking water, home values, and healthcare. Already, the company has announced programs for drinking water and home value assurance. The company is going further through this comprehensive settlement — providing additional, significant monetary relief to individuals, including for healthcare, and to help qualifying local businesses continue to rebuild and grow."

A Norfolk Southern freight train - Train 32N - carrying hazardous materials to Conway, Pennsylvania, derailed on Feb. 3, 2023, and caught fire. It happened in East Palestine, a village of nearly 4,700 people, in Columbiana County near Ohio-Pennsylvania border.

Five of the train cars had a toxic and flammable gas called vinyl chloride — used in plastic products — that can cause certain cancers. To prevent an explosion, people were evacuated and a controlled release of gas was conducted Feb. 6. The first lawsuit was filed Feb. 7.

By April, at least 31 lawsuits had been filed and Pearson consolidated them into a single class-action lawsuit against Norfolk Southern.

Attorneys for East Palestine train derailment talk about lawsuit settlement

Lead attorneys for the victims Seth A. Katz, M. Elizabeth Graham, Jayne Conroy, and T. Michael Morgan said the agreement would provide payment to residents and businesses in East Palestine and the affected surrounding communities, pending court approval. It also includes a voluntary program to compensate individuals in a 10-mile radius for past, present and future personal injuries resulting from chemical exposure.

The attorneys also said the settlement money would be in addition to any monies that Norfolk Southern has previously made available through community assistance and other payments.

"This resolution comes shortly after the one-year anniversary of the disaster and will provide substantial compensation to all affected residents, property owners, employees and businesses residing, owning or otherwise having a legal interest in property, working, owning or operating a business for damages resulting from the derailment and release of chemicals," the lead attorneys said.

More:Norfolk Southern faces several lawsuits over East Palestine derailment, chemical release

Norfolk Southern highlighted the company's contributions made so far:

• $104 million in community assistance to East Palestine and the surrounding areas in Ohio and Pennsylvania, including $25 million for a regional safety training center, $25 million in planned improvements to East Palestine’s city park, $21 million in direct payments to residents, and $9 million to local first responders;
• $4.3 million to support upgrades to drinking water infrastructure;
• $2 million for community-directed projects;
• $500,000 grant for economic development; and
• Ongoing support to the community through the Family Assistance Center and programs such as the Interim Value Assurance Program.

“We thank the Judge overseeing the litigation, the Honorable Benita Pearson, for her diligence and guidance, holding the parties to strict deadlines to reach a resolution or prepare the case for trial,” said the victims' attorneys in a statement.

The attorneys said the terms of the main settlement framework have been agreed upon but certain details need to be finalized, including working with experts to determine an allocation formula. If the court preliminarily approves the deal, residents will be receive formal notice, including claim forms.

“We want to make the claims process as easy and efficient as possible, with the hopes of getting initial payments out by the end of this year,” according to a statement from Katz, Graham, Conroy and Morgan. “The claims process will consider specific factors such as location relative to the derailment, household membership, the length of any displacement, exposure to contaminants and the like.” 

If approved by Pearson, the settlement would resolve all plaintiff cases consolidated into the class-action lawsuit. It does not resolve separate lawsuits filed by state and federal agencies against Norfolk Southern for the environmental cleanup. Those are still pending.

“We believe this is a fair, reasonable and adequate result for the community on a number of levels, not the least of which is the speed of the resolution, and the overall amount of the awards residents can expect, which will be significant for those most impacted by the derailment,” according to Katz, Graham, Conroy and Morgan.