744 Ohio Residents File First Wrongful Death Claims as VP Vance Pushes Railway Safety Reform
A groundbreaking federal lawsuit filed on February 3, 2025, reveals seven deaths allegedly caused by chemical exposure following the East Palestine train derailment, marking the first wrongful death claims in the Ohio disaster’s two-year aftermath. The legal action, filed on behalf of 744 current and former residents, accuses Norfolk Southern of negligence, nuisance, and civil conspiracy while challenging the Environmental Protection Agency’s oversight of toxic chemical cleanup efforts. These developments coincide with Vice President JD Vance’s site inspection marking the disaster’s second anniversary, where he pushed for stalled railway safety legislation. The lawsuit represents the largest legal challenge yet to Norfolk Southern’s handling of the February 2023 disaster and subsequent cleanup operations.
5 Key Points
- Medical records submitted to federal court link seven specific deaths to chemical exposure from Norfolk Southern’s February 2023 derailment.
- NTSB investigation reveals that the February 2023 vinyl chloride burn-off was “completely unnecessary” based on comprehensive technical analysis.
- Federal lawsuit documents detail 744 East Palestine residents suffering severe health complications, including respiratory failure and neurological symptoms.
- Court filings allege Norfolk Southern influenced over 100 Ohio state officials through targeted financial contributions before and after the disaster.
- Bipartisan Railway Safety Act remains blocked in Congress despite a renewed push from Vice President Vance during a February 2025 site visit.
How Many Lives Has the Train Derailment Claimed?
The federal lawsuit identifies seven victims whose deaths allegedly resulted from chemical exposure: Margie Mae Lewis, Margo Zuch, Randy Swogger, John R. Moore, Viola Noel, Edward Zins, and newborn Carlyn Tigelman. Each death occurred following documented exposure to chemicals released during the February 2023 derailment or subsequent controlled burn, according to court filings.
Lead plaintiff Josh Hickman, an East Palestine resident who lost his mother to respiratory complications, demands accountability, stating, “Norfolk Southern caused this catastrophe for our family and so many others. We demand to know what truly happened — and to understand all the consequences for us and our community.” The lawsuit includes detailed medical records linking the deaths to chemical exposure.
Attorney Kristina Baehr criticizes Norfolk Southern’s cleanup control, comparing it to “allowing a criminal to collect DNA and fingerprints at his own crime scene.” The lawsuit documents allege that Norfolk Southern “chose to fail to keep the community safe” through mishandling the initial disaster and subsequent cleanup efforts.
Beyond the seven deaths, hundreds of residents report ongoing health issues. Medical records submitted with the lawsuit show patterns of respiratory distress, neurological symptoms, and other serious conditions affecting multiple generations of East Palestine families.
What Did Federal Investigators Discover About the Chemical Release?
National Transportation Safety Board Chair Jennifer Homendy revealed critical findings about the February 6, 2023, decision to conduct a controlled burn of vinyl chloride. NTSB’s technical analysis determined the chemical release proved unnecessary, contradicting Norfolk Southern’s initial claims about explosion risks.
The investigation uncovered internal disagreements within Norfolk Southern about the decision to vent and burn the chemicals. NTSB documentation shows key information about alternative containment options was withheld from federal investigators during critical early response periods.
The controversial controlled burn released vinyl chloride, a known carcinogen, into the environment through a process that NTSB engineers later determined could have been avoided through alternative containment methods. The decision affected an area covering over 5 square miles of residential territory.
Environmental testing conducted in January 2025 shows elevated levels of toxic compounds in soil and groundwater samples. Residents report severe health complications, including burning sensations, migraines, rashes, nosebleeds, and memory problems in the affected areas.
How Are Political Leaders Addressing Rail Safety Reform?
Vice President JD Vance’s February 5, 2025, site inspection emphasized continued federal commitment to East Palestine recovery. “President Trump wanted to deliver a message that this community will not be forgotten, will not be left behind, and we are in it for the long haul in East Palestine,” Vance declared during his third visit to the disaster site.
Initially introduced by then-Senator Vance and former Senator Sherrod Brown, the proposed Railway Safety Act would mandate enhanced safety protocols for rail carriers transporting hazardous materials. The legislation requires advance notification to state officials about dangerous cargo shipments and implements new bearing temperature monitoring requirements.
Despite bipartisan support, the legislation remains stalled in Congress amid intensive industry lobbying efforts. Court documents reveal Norfolk Southern spent $12.4 million on lobbying activities related to rail safety regulations in 2024 alone.
The EPA’s role in the cleanup has also come under scrutiny. The new lawsuit alleges federal environmental officials failed to properly oversee Norfolk Southern’s cleanup efforts, allowing the company to implement insufficient remediation protocols that exposed residents to ongoing chemical risks.
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