7 people died from Ohio train derailment, new lawsuit says. ‘People are still sick’

A new lawsuit says seven people died as a result of the 2023 Norfolk Southern train derailment in East Palestine, Ohio.
A new lawsuit says seven people died as a result of the 2023 Norfolk Southern train derailment in East Palestine, Ohio.

A new lawsuit filed against railway company Norfolk Southern says seven people died as a result of a train derailment in Ohio.

On Feb. 3, 2023, a Norfolk Southern train carrying industrial chemicals derailed in the small town of East Palestine, according to a civil complaint.

Thirty-eight railcars derailed, 11 of which contained toxic chemicals such as vinyl chloride, butyl acrylate, ethylene glycol monobytl ether, ethylhexyl acrylate, isobutylene, and other hazardous substances, the lawsuit said.

Residents in the town were forced to evacuate their homes as the train cars burned.

The decision was then made that a controlled release and “burn of the vinyl chloride from at least five railcars was the best way to stop further explosions,” the lawsuit said. On Feb. 6, 2023, the controlled burn was done, releasing toxic chemicals into the air.

The lawsuit, which represents 744 current and former residents, alleges that as a result of the derailment and subsequent controlled burn, seven people have died and others are still sick.

“They chose to fail in protecting the families who trusted them. The community is still contaminated, and people are still sick,” the lawsuit said.

The lawsuit lists several health complications residents have experienced in the two years since the crash including scaly rashes, headaches, nosebleeds, memory problems, heart issues, excessive hair growth and more.

In one case, the lawsuit says an 8-year-old girl experienced early onset menstruation.

The Keenan Law Firm also filed claims against the Environmental Protection Agency saying it did not “properly respond” to the derailment and that it “neglected to prevent unnecessary toxic releases, delayed key environmental testing, and provided inadequate oversight of cleanup efforts, leading to prolonged exposure to hazardous chemicals for the residents of East Palestine.”

A claim against the Centers for Disease Control and Prevention says that agency “negligently instructed health professionals and testing facilities not to test for dioxins and other toxic chemicals” and that it failed “to ensure proper public health response, testing, and medical support for the affected residents.”

McClatchy News reached out to the EPA and CDC for comment Feb. 2 but did not immediately hear back.

Norfolk Southern did not wish to provide a statement to McClatchy News but did send a progress update on its cleanup and testing efforts and a list of “long-term” initiatives it plans to conduct.

East Palestine EPA one-pager
East Palestine EPA one-pager

The lawsuit claims there was “improper transport, clean up, and disposal of hazardous chemicals is an abnormally dangerous condition that cannot be maintained without injury to property.”

It also says the controlled burn “may have caused the formations of dioxins.” Dioxins are toxic, carcinogenic and known as “forever chemicals” because they are extremely difficult to break down.

The lawsuit is requesting a jury trial and asking for an undetermined amount in damages.

East Palestine is about a 50-mile drive northwest of Pittsburgh.

Aaron Moody is a sports and general reporter for the News & Observer. Here is a second sentence for the bio because it will probably be longer than this. Maybe even longer I don't know. Support my work with a digital subscription