Update: on April 9, 2024, Norfolk Southern Corporation (NYSE: NSC) announced that it had reached a $600 million agreement in principle to resolve a consolidated class action lawsuit relating to the East Palestine derailment. If approved by the court, the agreement will resolve all class action claims within a 20-mile radius from the derailment and, for those residents who choose to participate, personal injury claims within a 10-mile radius from the derailment.

(Please note, Pribanic & Pribanic is no longer taking East Palestine cases.) 

The East Palestine Derailment lawyers at Pribanic & Pribanic are part of a legal team who’s fought against corporations for over forty years. What’s happened in East Palestine, Ohio is a serious tragedy from hauling dangerous cargo that demands legal recourse for those injured by the chemical derailment.

What chemicals were released from the Norfolk Southern train cars in East Palestine?

According to the EPA, the following 25 chemicals and materials (some hazardous and toxic) were released from the rail cars into the environment around East Palestine:

1. POLYPROPYLENE
2. POLYETHYLENE
3. residue lube oil
4. VINYL CHLORIDE, STABILIZED
5. DIPROPYLENE GLLYCOL
6. PROPYLENE GLYCOL
7. DIETHYLENE GLYCOL
8. “COMBUSTIBLE LIQ., NOS (ETHYLENE GLYCOL MONOBUTYL
   ETHER)”
9. SEMOLINA
10. COMBUSTIBLE LIQ., NOS (ETHYLHEXYL ACRYLATE)
11. POLYVINYL
12. PETROLEUM LUBE OIL
13. ISOBUTYLENE
14. BUTYL ACRYLATES, STABILIZED
15. PETRO OIL, NEC
16. ADDITIVES, FUEL
17. BALLS,CTN,MEDCL
18. SHEET STEEL
19. VEGTABLE, FROZEN
20. BENZENE
21. PARAFFIN WAX
22. FLAKES, POWDER
23. HYDRAULIC CEMENT
24. AUTOS PASSENGER
25. MALT LIQUORS

What are the chemical health risks from tank car pollution in Ohio?

Vinyl Chloride, one of the 25 chemicals and materials (some hazardous and toxic) that were released by Norfolk Southern’s tank cars, is classified by the EPA as a known human carcinogen by the inhalation route of exposure, and highly likely carcinogenic by the dermal route of exposure.

According to the EPA records there are ways to test for personal exposure, and information on the acute and chronic effects of vinyl chloride:

Assessing Personal Exposure: Vinyl chloride can be measured in urine, body tissue, and exhaled air but the tests are not reliable indicators of total exposure.

Health Hazard Information Acute Effects: Acute exposure of humans to high levels of vinyl chloride via inhalation has resulted in effects on the CNS, such as dizziness, drowsiness, headaches, and giddiness. Acute exposure to high levels of vinyl chloride in animals has resulted in effects on the CNS, liver, kidney, and lungs. Tests involving acute exposure of mice have shown vinyl chloride to have high acute toxicity from inhalation exposure.

Rules and Implementation Chronic Effects (Noncancer): Liver damage may result in humans from chronic exposure to vinyl chloride through both inhalation and oral exposure. A small percentage of individuals occupationally exposed to high levels of vinyl chloride in air have developed a set of symptoms termed “vinyl chloride disease,” which is characterized by Raynaud’s phenomenon (fingers blanch and numbness and discomfort are experienced upon exposure to the cold), changes in the bones at the end of the fingers, joint and muscle pain, and scleroderma-like skin changes (thickening of the skin, decreased elasticity, and slight edema).

CNS effects (including dizziness, drowsiness, fatigue, headache, visual and/or hearing disturbances, memory loss, and sleep disturbances) as well as peripheral nervous system symptoms (peripheral neuropathy, tingling, numbness, weakness, and pain in fingers) have also been reported in workers exposed to vinyl chloride. Animal studies have reported effects on the liver, kidney, and CNS from chronic exposure to vinyl chloride.

EPA has established a Reference Concentration (RfC) of 0.1 milligrams per cubic meter (0.1 mg/m3) based on effects on the liver in rats. The RfC is an estimate (with uncertainty spanning perhaps an order of magnitude) of a continuous inhalation to the human population (including sensitive subgroups) that is likely to be without appreciable risk of deleterious noncancer effects during a lifetime. It is not an estimator of risk but rather a reference point to gauge the potential for effects. At exposures increasingly greater than the RfC, the potential for adverse health effects increases. Lifetime exposure above the RfC does not imply that an adverse effect would necessarily occur.

EPA has established a Reference Dose (RfD) for vinyl chloride is 0.003 milligrams per kilogram body weight per day (mg/kg/d) based on liver toxicity in rats.

Tribal Resources Reproductive/Developmental Effects: Several epidemiological studies have reported an association between vinyl chloride exposure in pregnant women and an increased incidence of birth defects; however, other studies have not supported these findings.

Several case reports involving worker exposures suggest that male sexual performance may be affected by vinyl chloride; however, these reports are limited by possible coexposure to other chemicals and lack of exposure estimates.

Testicular damage and decreased male fertility have been reported in rats exposed to vinyl chloride.

Animal studies have reported decreased fetal weight and birth defects in the offspring of rats exposed to vinyl chloride through inhalation at levels that are also toxic to maternal animals.

Cancer Risk: Inhaled vinyl chloride has been shown to increase the risk of a rare form of liver cancer (angiosarcoma of the liver) in humans.

Animal studies have shown that vinyl chloride, via inhalation, increases the incidence of angiosarcoma of the liver and cancer of the liver. Several rat studies show a pronounced early-life susceptibility to the carcinogenic effect of vinyl chloride, i.e., early exposures are associated with higher liver cancer incidence than similar or much longer exposures that occur after maturity.

Train Accident Cases & Insurance Companies

Train corporations and their insurance providers are accountable for personal injuries that resulted from chemicals that poisoned people in East Palestine, OH. Our East Palestine Victim’s team will know how to counter the tactics of corporations and their insurance companies to obtain maximum compensation for your case.

What Happened? A Timeline of the East Palestine Derailment Disaster

According to the Ohio River Valley Institute, the following events took place once the Norfolk Southern train derailed.

• February 3rd, 2023

  • The Norfolk Southern train derailed around East Palestine, Ohio due to an axle malfunction, resulting in 50 cars falling off the train-track. Eleven of the fifty cars held hazardous petrochemicals, including carcinogenic ones like Vinyl Chloride.

• February 5th, 2023

  • Local officials ordered everyone within a two mile radius of the derailment to evacuate the area, citing a risk of explosion.

• February 6th, 2023

  • The railroad company, Norfolk Southern, begins a controlled burn, igniting the hazardous cargo tanks in an explosion that could be seen from satellite imagery.

• February 8th, 2023

  • Local officials rescind the evacuation mandate. No word is given by the Environmental Protection Agency (EPA) that testing has been performed to deem the area safe for reentry.

• February 9th, 2023

  • $25,000 donation offer is made by Norfolk Southern to the city of East Palestine.

• February 10th, 2023

  • “An EPA report reveals the train carried previously undisclosed chemicals, including ethylexyl acrylate, isobutylene, and ethylene glycol monobutyl ether. Substances are detected in nearby waterways.”

  • Video evidence is released showing train axles caught fire more than 20 miles outside of East Palestine.

• February 14th, 2023

  • Ohio Governor Mike DeWine reveals at a press conference that the Norfolk Southern train wasn’t classified as hazardous.

  • State officials claim East Palestine air quality is safe, and advises residents to consider drinking bottled water.

  • Ohio EPA states that a chemical plume is moving down the Ohio River.

  • $1,000 “inconvenience” checks were offered by Norfolk Southern to impacted residents.

• February 15th, 2023

  • A town hall meeting is held in which Norfolk Southern refuses to attend stating they don’t feel it will be safe.

  • State officials claim the municipal water is safe to drink.

• February 16th, 2023

  • EPA claims water is safe to drink if the state tests found no problems with the water supply, but says not all water, like private wells, have been tested. EPA suggests any water not tested by the state should get a water test.

“If an insurance company contacts you after a train crash call an attorney for help“