Residents of East Palestine prefer additional time and detailed data prior to agreeing to a $600 million settlement.
Here's the paraphrased text:
It's uncertain if the judge will make a decision on the motion prior to the deadline on Thursday for individuals residing within 20 miles of the derailment to submit a claim.
Those living within a 10-mile radius of the February 3, 2023, incident near the Ohio-Pennsylvania border also need to consider whether to accept monetary compensation of up to $25,000 per person for personal injuries. Accepting this money means waiving the right to sue later if someone develops cancer or another severe illness due to chemical exposure.
The amount of compensation varies based on the distance from the derailment, with those living within 2 miles receiving $70,000 for property damage. Those on the fringes of the area might receive only a few hundred dollars.
One of the main concerns in Warren's court filing is the failure of attorneys representing residents in the lawsuit to reveal the outcomes of tests carried out in the area by their own expert, Stephen Petty, who has testified in numerous lawsuits about pollution concerns.
Attorneys involved in the case initially assured residents in media interviews that Petty's data would be disclosed in court filings to illustrate the impact of the derailment on East Palestine. But since then, the lawyers have apparently forgotten about Petty, substituting a different expert in an online town hall meeting who told residents that no one in town would probably develop cancer as a result of the derailment. However, Dr. Arch Carson didn't specify the data he used to support that opinion.
Researchers examining the health of residents in the area and tracking respiratory problems, skin problems, and other health concerns they are reporting caution that it may take years to understand the long-term effects of the derailment.
"I wholeheartedly disagree with Dr. Arch Carson – there is no data to support his statement," said Dr. Erin Haynes, who heads one of the primary studies in town and chairs the Department of Epidemiology and Environmental Health at the University of Kentucky College of Public Health.
Warren accused the plaintiffs' attorneys of prioritizing their up to $180 million in legal fees over representing residents' interests.
The plaintiffs' lawyers did not respond to Warren's motion on Monday, but they have previously defended the settlement that was announced in the spring. They argue that the settlement is more substantial than any prior derailment settlement made public, and the time given for residents to consider the offer is consistent with other settlements.
Some residents have criticized the initial opt-out deadline in the lawsuit, which was set less than a week after the National Transportation Safety Board held a hearing on its findings in the investigation.
The lawyers' initial assurance to residents about disclosing Petty's data in court filings was aimed at showing the impact of the derailment on East Palestine, but they seem to have forgotten about this promise since then. Us, as residents, have the right to be skeptical about the substitution of a different expert in the online town hall meeting and the lack of clear justification for the opinion that no one in town will develop cancer due to the derailment.
