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EAST PALESTINE -- Over 50,000 claims were filed against the $600 million settlement with Norfolk Southern, a press release reported on Monday.
RebuttalPR said 54,925 claims were filed as of September 3, "far exceeding typical claims rates in class actions" and indicating the majority of the communities impacted by last year's train derailment and chemical release were in favor of the deal that was first announced in April.
Plaintiffs' lead co-counsel Seth A. Katz , Elizabeth Graham and Jayne Conroy echoed those sentiments in a joint statement issued through RebuttalPR.
"It is deeply satisfying that this community overwhelmingly supports this settlement," they said. "This result would not have been possible without their resolve and determination to hold Norfolk Southern accountable. We believe the agreement merits final approval, and we look forward to its benefits reaching this community as soon as possible."
Class representative Rick Feezle also expressed support for the settlement in the press release.
"With a $600 million settlement on the table, we have an opportunity to start rebuilding our lives and community," said Feezle. "I will never forget what Norfolk Southern did to our community, and I doubt I will ever fully forgive them, but this settlement is a step in the right direction for East Palestine."
Feezle, who owns a salvage yard and auto shop just outside of East Palestine village limits, was one of the first area residents to take legal action against the railroad, filing suit just days after the derailment. In March of 2023, Feezle's lawsuit was consolidated into a class action with 21 other suits by Judge Bentia Person in Youngstown's District Court.
Pearson will rule on final approval of the settlement in a Sept. 25 hearing. If she grants final approval, payments could be sent out as early as late October.
Fellow class member Dave Anderson, owner of Echo Valley Farm located four miles from the derailment site in Pennsylvania, is hopeful final approval will be given at the hearing and sees the settlement as an opportunity to move past the derailment.
"As someone whose life and work were deeply affected by the derailment, I hope the settlement receives final approval and that money can begin flowing into our area as soon as possible," Anderson said via the press release. "This result brings a sense of justice, and accountability to Norfolk Southern, for the damage done to our community. While no amount of money can fully undo the harm, this resolution offers us the resources we need to rebuild our lives."
RebuttalPR reported that through the claim deadline of August 22 over 11,000 class members visited the East Palestine Settlement Centers with over 7,600 claim forms submitted at the facilities and said that only 0.083 % of the estimated 451,672 total household class members opted out of the settlement.
While those numbers indicate high support for the settlement, they also reflect that only 12 percent of qualified class members participated in the settlement.
An overwhelming majority of the households located 20 miles or less from the derailment that were eligible for monetary awards under the terms of the deal chose not to opt in or opt out, effectively choosing to not to take legal action against railroad.
Class members had until July 1 to opt out and retain the right to sue Norfolk Southern at a later date or on an individual basis. By not out or filing a claim, households gave up both their right to compensation and any further rights to sue.
Some eligible class members fought to extend both those deadlines. East Palestine residents Jami Wallace and Rev. Joseph Sheely both filed motions arguing the settlement was rushed and alleging class action lawyers as well as RebuttalPR to be in collusion with Norfolk Southern and dismissing scientific data that conflicted with the opinion of their hired experts, but Pearson ruled neither had established sufficient reasons to extend the time to opt out.
Other residents who opted in and filed claims by the deadline have recently reported receiving notice of missing or incomplete information. Others said they were told there is no record of them having submitted claims despite filing paperwork at one of the two claim centers in the village. Residents can receive confirmation that their claims were received by calling Kroll Settlement Administration (the New York-based company processing the claims) at 833-425-3400. Inquiries can also be mailed to info@eastpalestinetrainsettlement.com