Lawsuit alleges first deaths from 2023 Ohio train derailment disaster

• A new lawsuit is claiming for the first time people died as a result of the 2023 East Palestine, Ohio train derailment disaster.
• The wrongful death lawsuit does not describe the deaths but says among those who died are a 1-week-old baby.
• The lawsuit also accuses the rail company and its contractors of mishandling cleanup efforts.

Vice President JD Vance and the new head of the Environmental Protection Agency (EPA), Lee Zeldin, are visiting East Palestine, Ohio, on Monday, Feb. 3, to mark two years since the train derailment. Vance and Zeldin’s visit comes on the heels of a new lawsuit that claims for the first time people died as a result of the train derailment’s aftermath.

What does the latest lawsuit claim?

The new lawsuit contains the first of seven wrongful death claims filed against Norfolk Southern, including the death of a 1-week-old infant. It also accuses the railroad and its contractors of mishandling cleanup efforts while the EPA and Centers for Disease Control and Prevention (CDC) signed off on them and failed to tell residents about the health risks.

Court documents describe some of the lingering health problems, however, they do not include details about the deaths.

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Are there other lawsuits?

The court filings follow a flurry of recent lawsuits from individuals and businesses that argue a $600-million class-action lawsuit does not offer enough money to cover future expenses linked to the disaster or to prevent another derailment.

What happened two years ago?

On Feb. 3, 2023, dozens of railcars went off the tracks, including some cars carrying toxic materials. Five of the cars contained vinyl chloride. Officials decided to burn the railcars over fears of an explosion.

As a result, spewing toxic plumes of smoke into the East Palestine area. A later investigation revealed that the decision to burn the cars was unnecessary and misguided.

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How are the defendants responding to the allegations?

Norfolk Southern and officials have yet to respond to the new lawsuit or separate federal claims filed against the EPA and CDC.

Previously, the EPA defended its role in the burning of railcars, saying they were only on the site to provide information about the potential consequences and measure the resulting toxic release of chemicals.