About two years after a toxic train derailment devastated East Palestine, Ohio, the first wrongful death lawsuit has been filed against Norfolk Southern, the railroad company involved in the disaster. The incident, which forced evacuations and raised serious environmental and health concerns, continues to impact the community. This article breaks down what happened, the legal actions taken, and the ongoing fight for justice.
What Happened in East Palestine?
On February 3, 2023, a Norfolk Southern freight train carrying hazardous materials derailed after one of its railcar’s wheel bearings overheated, causing a massive fire. In an attempt to prevent an explosion, officials conducted a “controlled release” of toxic chemicals, including vinyl chloride—a dangerous, flammable gas linked to certain types of cancer. This controlled burn released harmful chemicals into the environment, leading to widespread fear about long-term health effects.
Impact on the Community
The derailment forced many East Palestine residents to evacuate their homes and businesses. The environmental damage led to an extensive cleanup effort, but concerns over health risks have not faded. Many residents reported experiencing symptoms like burning sensations, migraines, rashes, nosebleeds, and memory problems after the incident. The derailment also sparked multiple lawsuits, which were later consolidated into a class-action suit that has since been settled.
The New Lawsuit: First Wrongful Death Claims
On the eve of the derailment’s second anniversary, 744 current and former East Palestine residents filed a new lawsuit against Norfolk Southern. This case includes the first wrongful death claims linked to the derailment. The lawsuit alleges that at least seven people have died due to the disaster’s aftermath. The victims named in the lawsuit include:
- Margie Mae Lewis
- Margo Zuch
- Randy Swogger
- John R. Moore
- Viola Noel
- Edward Zins
- Newborn Carlyn Tigelman
The lawsuit accuses Norfolk Southern of negligence, nuisance, and civil conspiracy, claiming the company mishandled the situation and failed to protect the community. The plaintiffs argue that Norfolk Southern’s decisions exposed residents to toxic chemicals unnecessarily, leading to health problems and deaths.
Allegations Against Government Agencies
Interestingly, the lawsuit doesn’t just target Norfolk Southern. It also accuses several government agencies, including the U.S. Environmental Protection Agency (EPA) and the Centers for Disease Control and Prevention (CDC), of failing to properly inform residents about the health risks after the chemical burn. Plaintiffs claim that these agencies didn’t do enough to ensure the safety and well-being of the people affected by the derailment.
Norfolk Southern’s Response
Norfolk Southern has not commented directly on the new lawsuit. However, the company released a fact sheet highlighting its “long-term initiatives” in East Palestine, focusing on environmental cleanup and community support. Despite these efforts, many residents and their legal representatives feel that Norfolk Southern should not have been in charge of leading the cleanup, comparing it to “allowing a criminal to collect DNA at his own crime scene.”
Government Involvement and Railway Safety Act
On the second anniversary of the derailment, U.S. Senator JD Vance and other political leaders visited East Palestine to show support. Vance emphasized that the community would not be forgotten, promising continued federal involvement in the cleanup efforts.
Following the derailment, Vance and former Senator Sherrod Brown introduced the Railway Safety Act, aimed at improving safety standards for trains carrying hazardous materials. The legislation proposed stricter requirements, such as notifying state officials about dangerous cargo in advance. However, the bill has stalled in Congress, though Vance continues to push for its approval.
The East Palestine train derailment remains a tragic event with lasting effects on the community. The new wrongful death lawsuit highlights the ongoing struggles faced by residents as they seek justice and accountability. While Norfolk Southern claims to be committed to recovery efforts, many believe more needs to be done to address the health, environmental, and emotional toll this disaster has caused. As legal battles continue, the fight for transparency, safety reforms, and compensation is far from over.
