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Train Derailment-Ohio
FILE - In this photo taken with a drone, portions of a Norfolk Southern freight train that derailed the previous night in East Palestine, Ohio, remain on fire at mid-day, Feb. 4, 2023. (AP Photo/Gene J. Puskar, File)

Judge approves $600 million settlement for residents near fiery Ohio derailment

A federal judge has approved a $600 million class-action settlement involving last year's disastrous derailment in East Palestine, Ohio

By JOSH FUNK
Published - Sep 25, 2024, 08:09 PM ET
Last Updated - Dec 16, 2024, 06:54 PM EST

A federal judge on Wednesday approved a $600 million class-action settlement Wednesday that Norfolk Southern railroad offered to everyone who lived within 20 miles (32 kilometers) of last year's disastrous derailment in East Palestine, Ohio.

Judge Benita Pearson gave the deal final approval after a hearing where the lawyers who negotiated it with the railroad argued that residents overwhelmingly supported it, attorneys for the residents and railroad spokesperson Heather Garcia told The Associated Press. Roughly 55,000 claims were filed. Only 370 households and 47 businesses opted out.

Those who did object to the deal were vocal in their concerns that the settlement won't provide enough and that the deal was rushed through so quickly that they can't possibly know what the potential health impact from the derailment will be. They say it's hard to know all the risks, given the way test results have been reported by the EPA and the fact that the lawyers haven't disclosed everything they learned in their investigation.

The objectors had hoped the judge would order the plaintiff's lawyers to release the tests their own expert did after the derailment and address their concerns about a toxicologist who told them at one of the lawyers' town meetings that they shouldn't worry because he doesn't think anyone will develop cancer. That angered residents who have been complaining about unexplained ailments since the derailment and talking with doctors who are conducting studies to try and determine what the health impacts will be. Experts say it's too soon to know the health impacts.

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