New lawsuit blames 7 deaths on 2023 East Palestine train derailment
EAST PALESTINE, Ohio − About two years after a toxic train derailment forced evacuations of a rural Ohio town and raised environmental concerns, a new lawsuit alleges the first wrongful death claims in connection to the disaster.
In the lawsuit, filed on the eve of the derailment's second anniversary, 744 current and former residents from the East Palestine area accuse railroad operator Norfolk Southern of negligence, nuisance and civil conspiracy. The suit also claims at least seven people have died in the aftermath of the derailment.
On Feb. 3, 2023, a Norfolk Southern freight train carrying hazardous materials derailed after a railcar's wheel bearing overheated, causing a fire. Three days later, officials conducted a "controlled release" of several tank cars that were filled with vinyl chloride, a toxic and flammable gas that can cause certain cancers, to prevent an explosion.
The derailment uprooted many residents from their homes and businesses and led to a major environmental cleanup. The toxic spill also sparked worries about long-term health effects and triggered numerous lawsuits, which were later consolidated into a class-action suit that has since been settled.
"Norfolk Southern caused this catastrophe for our family and so many others. We demand to know what truly happened − and to understand all of the consequences for us and our community," East Palestine resident and lead plaintiff Josh Hickman said in a news release.
Norfolk Southern declined to comment on the latest legal action, but a spokeswoman shared a fact sheet on the company's "long-term initiatives" in East Palestine.
The new lawsuit is separate from other litigation, including other settlements. At least a dozen federal lawsuits have been filed against the train company by businesses and residents since Jan. 30, including at least two claims accusing Norfolk Southern of influencing more than 100 Ohio state officials and candidates with contributions.
Lawsuit: Norfolk Southern 'chose to fail to keep the community safe'
More than a year after the derailment, National Transportation Safety Board investigators determined that burning off the chemicals was unnecessary. NTSB Chair Jennifer Homendy accused Norfolk Southern of delaying or failing to disclose information to investigators, including a disagreement over whether the vent and burn should happen.
The newly filed lawsuit says Norfolk Southern "chose to fail to keep the community safe" by "unnecessarily (infecting) the community with toxic chemicals" and mishandling the cleanup. The suit also accuses the U.S. Environmental Protection Agency, the Centers for Disease Control and Prevention, and state and county agencies of failing to adequately inform residents of the risks of the chemical burn-off.
Residents have expressed health and safety concerns since the derailment and controlled burn of vinyl chloride. Several plaintiffs and their relatives listed health problems they have faced after the derailment − including "burning sensations," migraines, rashes, nosebleeds, and memory problems," according to the lawsuit.
In a statement, attorney Kristina Baehr claimed East Palestine area residents have not been told the "whole story" and Norfolk Southern should not have been allowed to lead the cleanup, which she said was botched.
"That was like allowing a criminal to collect DNA and fingerprints at his own crime scene," Baeher said. "Now, the families we represent are left with troubling, unanswered questions and the consequences of this conspiracy for their health and their lives."
Vice President Vance: 'We continue to need to do better at rail safety'
The lawsuit blames the derailment for the deaths of Margie Mae Lewis, Margo Zuch, Randy Swogger, John R. Moore, Viola Noel, Edward Zins and newborn Carlyn Tigelman.
"All of the decedents are survived by next of kin who suffered damages as a result of the decedents' wrongful deaths," the lawsuit says.
On Monday, Vice President JD Vance and other Republican leaders visited East Palestine to survey the site and mark the second anniversary of the derailment. Vance reassured residents the federal government has not forgotten them and reiterated his commitment to finishing the environmental cleanup and reinvesting in the community.
"The first real crisis that we confronted when I was a United States senator of the great state of Ohio was the train derailment in East Palestine, Ohio," Vance said. "President Trump wanted to deliver a message that this community will not be forgotten, will not be left behind, and we are in it for the long haul in East Palestine."
As a senator, Vance and former Democratic Sen. Sherrod Brown introduced the Railway Safety Act, which would have enhanced safety requirements for rail carriers, particularly those carrying hazardous materials. The act also would have, in part, required rail companies to notify state officials of trains carrying hazardous materials in advance.
The act stalled in Congress, but on Monday, Vance reiterated his support for it while encouraging Congress to work on the legislation.
"I do think that we continue to need to do better at rail safety in this country," he said.
Contributing: Tami Abdollah, Paste BN; Haley BeMiller, The Columbus Dispatch