East Palestine Train Derailment and Toxic Chemical Pollution

WHAT’S THE ISSUE?

Attorneys at Hagens Berman in partnership with Johnson & Johnson Law Office, Goldenberg Schneider LPA and The Lyon Firm LLC have filed a class-action lawsuit following reports that a train derailment in East Palestine, Ohio resulted in toxic chemical exposure and health complications for local residents. The lawsuit brings claims of negligence, public nuisance and more, stating that Norfolk Southern should have known that the hazardous chemicals it transported, related and intentionally ignited were dangerous and harmful to people, animals and property.

ABOUT THE OHIO TRAIN DERAILMENT

On Feb. 3, 2023, nearly 50 Norfolk Southern train cars derailed in Ohio, igniting a fire that lasted for several days. At least eleven cars contained hazardous chemicals,  including carcinogenic vinyl chloride. East Palestine residents received evacuation orders, and on Feb. 6, 2023, Norfolk Southern emergency response crews conducted a so-called “controlled release” and burn of the chemicals. Two days later, after the evacuation order was lifted, returning residents reported a burning sensation in their eyes and a strong odor. Local pets and livestock have reportedly sickened and died.

TOXIC CHEMICAL FUMES EXPLAINED

The train cars carried large quantities of raw chemicals including vinyl chloride, butyl acrylate, hydrogen chloride and ethyhexyl acrylate. Vinyl chloride is a known carcinogen that breaks down into other toxic substances such as formaldehyde. When vinyl chloride burns, it releases other toxic chemicals, including hydrogen chloride and phosgene, a chemical warfare agent deployed during World War I and now banned by the Geneva Convention. Hazardous chemicals like vinyl chloride are so small, on an atomic level, that face masks are not effective at protecting against them. More than one million pounds of vinyl chloride were released into the surrounding environment.

This was not the first time a Norfolk Southern train experienced problems on this route. Railroad employees believe the train’s excessive length and weight – as well as the fact that it was backloaded with 40% of its weight at the rear – contributed to the crash. Additionally, the freight company failed to immediately report the accident as required by law.

CONSEQUENCES FACED BY EAST PALESTINE RESIDENTS

In addition to eye irritation and odors, local Ohio residents reported animals miles away from the crash site suddenly dying following the derailment. There have also been reports of cats, foxes and other birds sickening and dying in the days after the accident. Local officials continue to insist that the air and water around East Palestine is safe, but the experiences of residents stand in stark contrast to these assurances. 

The following symptoms are associated with exposure to the chemicals spilled from Norfolk Southern train cars:

• Dizziness
• Drowsiness
• Eye, nose, throat and skin irritation
• Headaches
• Nausea
• Respiratory issues
• Vomiting

Long-term exposure can cause more serious health complications like liver failure and cancer.

WHAT CAN OHIO RESIDENTS DO TO PROTECT THEMSELVES?

If you begin experiencing any of the symptoms listed above, consult with a health care provider immediately. It is possible that East Palestine residents may need continued preventive care and additional check-ups, as prolonged exposure to dangerous chemicals can cause long-term health complications. The EPA is currently conducting air quality screenings in East Palestine homes, and experts urge residents to participate.

HOW CAN A CLASS ACTION LAWSUIT HELP?

Through a class-action lawsuit, individual private citizens can collectively bring claims against powerful corporations which would otherwise have the upper hand, like Norfolk Southern. This class-action lawsuit seeks to level the playing field, bringing strength to collective action to change corrupt practices and negligent responses to citizens. A class action in a case like this can also force the defendant to set up a medical monitoring fund for plaintiffs, which will cover the costs of extra check-ups, testing and other preventative medical care they may need over the years due to their prolonged exposure to toxic substances. Our law firms intend to hold Norfolk Southern accountable for this egregious risk to life and livelihoods, and the subsequent lack of response following this tragic event.

TOP ENVIRONMENTAL & HUMAN-RIGHTS LAW FIRM

Hagens Berman is one of the most successful plaintiff litigation law firms in the U.S. and has achieved settlements valued at $325 billion for individuals in lawsuits against some of the world's largest entities for wrongdoing and negligence regarding public health and basic human rights. Your claim will be handled by attorneys experienced in environmental law and public nuisance claims. The firm is currently litigating a class-action lawsuit against the city of Chicago over elevated lead levels in its water supply and has taken on big corporations in Florida which are polluting residents’ air. The firm has also represented homeowners exposed to arsenic and lead pollutants. Hagens Berman believes that protecting and repairing our environment, and advocating for the populations most vulnerable to the fallout of climate change and environmental disasters, is some of the most rewarding work a law firm can do.

NO COST TO YOU

There is no cost or fee whatsoever involved in joining this action. In the event Hagens Berman or any other firm obtains a settlement that provides benefits to class members, the court will decide a reasonable fee to be awarded to the legal team for the class. In no case will any class member ever be asked to pay any out-of-pocket sum.