In re: East Palestine Train Derailment

This class action lawsuit seeks to recover money for the Persons and Businesses harmed by the Norfolk Southern Corporation and Norfolk Southern Railway Company (collectively “Norfolk Southern”) for losses they suffered from the February 3, 2023, derailment of Norfolk Southern Train 32N, including the “vent and burn” of five railcars on February 6, 2023. The Honorable Benita Y. Pearson of the United States District Court for the Northern District of Ohio is the judge overseeing this case, called In re East Palestine Train Derailment, Case No. 4:23-cv-00242. In the lawsuit, the Plaintiffs allege that Norfolk Southern (among others) caused the Incident and, as a result, the Settlement Class suffered real property damage, personal property damage, displacement expenses, lost wages, loss of business income, diminution of property value, increased risk of disease, emotional distress, disruption, inconvenience, loss of use and enjoyment of property and loss of goodwill. Norfolk Southern denies the claims asserted in the lawsuit and denies any wrongdoing, including that it violated any law.

You are a Settlement Class Member if you lived, worked, owned property, or owned or operated a business within 20-miles of the Derailment Site from February 3, 2023, to April 26, 2024. You are excluded from the Settlement Class if you are a director or duly elected and approved officer of Norfolk Southern, or any of its parents, subsidiaries, or affiliates; Norfolk Southern employees, and contractors of Norfolk Southern and their employees, who were specifically sent by Norfolk Southern to the area in and around the Derailment Site to respond to the Incident and do not otherwise fall within the definition of Settlement Class; Norfolk Southern’s Counsel; Class Counsel; a government, political subdivision, public entity, or public agency; and the judge presiding over this Action and the judge’s staff.

A list of eligible addresses within 20-miles of the Derailment Site is available on this Settlement Website by clicking here.

The Settlement creates a $600 million Settlement Fund to make: (1) cash payments to Settlement Class Members; and (2) Court-approved payments for Administrative Expenses, Class Counsel’s Fee Award, and Class Representative Service Awards. Class Counsel will request attorneys’ fees of up to 27% of the Settlement Fund ($162,000,000), settlement notice and administration costs and attorneys’ costs and expenses up to 3% of the Fund ($18,000,000), and a $15,000 Service Award to each of the Class Representatives. The Court may award less than these amounts.

To be eligible for a monetary award from the Settlement, Settlement Class Members must submit a Claim Form(s) (see Question 6 below). The amount each individual Settlement Class Member will receive will be determined through a Court-supervised claims process. Not all Settlement Class Members will receive the same amount. You do not need to hire a lawyer to participate in the Settlement.

This Settlement is separate from Norfolk Southern’s ongoing remediation of East Palestine and the surrounding area, as well as claims made by state and federal agencies for, among other things, environmental clean-up.

After deductions for approved Class Counsel’s Fee Award, Class Representative Service Awards, and Administrative Expenses, the remaining funds will be distributed to Settlement Class Members in the following ways depending on category: (1) Court-approved direct payments to individuals (“Direct Payments”); or (2) itemized compensation for actual net business losses (“Business Loss Payments”). In addition, for those Eligible Settlement Class Members within 10 miles of the Derailment Site who voluntarily choose to participate, Settlement Class Members may also submit Claims for personal injury payments (“Personal Injury Payments”) for which they may receive additional Court-approved lump sum payments in exchange for releases of past, present, and future Personal Injury Claims arising out of the Incident.

Direct Payments

Individual Settlement Class Member Households can receive a lump sum Direct Payment from the Settlement Fund based on a Court-approved formula that takes into account a number of factors, including geographic location, Household size, acreage, length of displacement, and the nature of property damage, if any. Using these factors, the Settlement Administrator will base your payment on how severely your life was disrupted and any resulting increased risk of future disease.

To be eligible to receive a Direct Payment, you must have submitted a Claim Form (the deadline has now passed). Direct Payments will be reduced by any payment you already received from Norfolk Southern.

Extraordinary Loss or Damage Payments

Individual Settlement Class Members who have extraordinary claims for uncompensated losses or damages also had the option to submit Claims for additional compensation. Claims for extraordinary losses or damages must have been supported by dated documentation. The Settlement Administrator will conduct a detailed review of these Claims, which will significantly delay the payment of the Direct Payment, including any additional payment for extraordinary loss or damage.

Voluntary Exposure (“Personal Injury”) Payments

Settlement Class Members who were physically located within 10 miles of the Derailment Site may also receive additional lump sum Personal Injury Payments (“Eligible Personal Injury Settlement Class Members”). In evaluating Claims for Personal Injury Payment, the Substitute Settlement Administrator used objective, Court-approved criteria like the nature of any physical injury and resulting medical treatment, if any, to allocate funds to each Eligible Personal Injury Settlement Class Member.

To the extent an Eligible Personal Injury Settlement Class Member is a minor (under 18), deceased, or under power of attorney documentation, additional terms apply, including that any Personal Injury Payments will only be made in accordance with applicable court orders.

Actual Net Business Loss Payments

Settlement Class Members that are Businesses could only submit an itemized compensation claim by submitting a Claim Form. The Settlement Administrator will conduct a detailed review of itemized compensation Claims, allocating funds for the actual net business losses caused by the Incident. Settlement Class Members that are Businesses will have their potential award, if any, reduced by the amount of any payment already received from Norfolk Southern or other sources.

Whether you submitted a Claim for Direct Payments, Business Loss Payments, object, or do nothing, you will not be able to sue, continue to sue, or be part of any other lawsuit against Norfolk Southern relating to the claims that were or could have been asserted in the First Amended Master Consolidated Class Action Complaint, a copy of which is available on this website.

To qualify for payment, you must have filed a Claim Form. Claim Form submissions must have been made in August 2024. Due to the Court’s appointment of Epiq as Substitute Settlement Administrator, there will be delays as a result of the transition.

Epiq is working in conjunction with Class Counsel to ensure payments can resume. Updates will be posted to this Settlement Website. Please be patient.

The deadline to exclude yourself from the Settlement passed in July 2024 and you may no longer exclude yourself from the Settlement.

If you did not take any action by any of the posted deadlines, you will not receive Settlement payment or benefit, but you will have given up your right to start a lawsuit, continue a lawsuit or be part of any other lawsuit against Norfolk Southern relating to the Incident. However, any Personal Injury Claim you may have arising out of the Incident against Norfolk Southern will not be affected even if you do nothing. Medical monitoring and mental or emotional injury or harm are not Personal Injury Claims.

The Court held a Final Approval Hearing on September 25, 2024, at the Thomas D. Lamros Federal building and United States Courthouse, 125 market Street, Youngstown, Ohio 44503. On September 27, 2024, the Court gave final approval to the Settlement and found that the Settlement was fair, reasonable, and adequate.

Yes. This Settlement Website simply summarizes the proposed Settlement. The specific details are in the Settlement Agreement and other case documents. You can get a copy of these and other documents on this Settlement Website found here, by calling (833) 425-3400 or by accessing the docket in this case through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.ohnd.uscourts.gov

It is your responsibility to contact the Settlement Administrator by calling (833) 425-3400, visiting the Contact section of this Settlement Website, or mail the Settlement Administrator at: In re: East Palestine Train Derailment Settlement, PO Box 6820, Portland, OR 97228-6820.

All current dates and deadlines are available on this Settlement Website, although dates may be subject to change with approval of the Court. You may also contact the Settlement Administrator by phone at (833) 425-3400 or email at info@EastPalestineTrainSettlement.com. Do not contact Class Counsel or the Court to request any additional information.

Most people who received money from Norfolk Southern will not need to pay taxes on the money they received. Payments for lost income, for business losses, or payments the railroad made to get access to land during the cleanup, may be taxable.

If you already paid taxes on any money received, you should consult with a tax professional to discuss if you are eligible for a refund. The Settlement Administrator cannot provide tax advice.

No. The Settlement assumes that everyone physically present within 10 miles of the derailment is qualified to receive an additional payment for personal injury in exchange for a release of these claims. In other words, unlike a traditional lawsuit, if you were physically present within 10 miles of the derailment, you do not need to prove that you suffered a bodily injury in order to participate.

The DOJ Settlement (also known as a consent decree) is separate and apart from the class action lawsuit. The DOJ Settlement totals $310 million. There is a medical monitoring program included in the proposed consent decree between the DOJ and Norfolk Southern that is separate from this litigation and settlement.

The court overseeing this litigation determined a medical monitoring program is not available under Ohio law. The Settlement allows for Personal Injury payments to help cover any potential long-term health expenses. A settlement reached between the Department of Justice and Norfolk Southern will provide certain members of the community with medical monitoring.

In pursuing a fair and equitable distribution of funds, the $600 million is not divided evenly but through a method of allocation that concentrates the funds towards those most affected by the derailment. There is also an "extraordinary loss or damage" fund for those who have significant injuries and would like to seek higher payment.

The Court appointed the following lawyers to represent you and the other Settlement Class Members: Seth A. Katz of Burg Simpson Eldredge Hersh & Jardine, P.C.; M. Elizabeth Graham of Grant & Eisenhofer P.A.; and Jayne Conroy of Simmons Hanly Conroy. The Court also appointed T. Michael Morgan of Morgan & Morgan, P.A. as a Co-Lead Counsel.

These firms are called Co-Lead and Class Counsel. Class Counsel was selected by the Court due to their proven experience and extensive track record. You will not be charged individually for their services. On September 27, 2024, the Court approved payment to Co-Lead and Class Counsel. Details regarding this payment can be found here.

No, you do not need to hire a lawyer. The Court appointed the following lawyers to represent you and the other Settlement Class Members: Seth A. Katz of Burg Simpson Eldredge Hersh & Jardine, P.C.; M. Elizabeth Graham of Grant & Eisenhofer P.A.; and Jayne Conroy of Simmons Hanly Conroy. The Court also appointed T. Michael Morgan of Morgan & Morgan, P.A. as a Co-Lead Counsel.

The In re East Palestine Train Derailment Settlement, Case No. 4:23CV0242, is currently on appeal. The appeal was filed on behalf of four class members and is pending before the United States District Court of Appeals, 6th Circuit. As a result of the appeal process taking place, Direct Household payments and Business payments are on hold until all appeals are resolved. The Settlement appeal process does not impact the Personal Injury payments that are currently being calculated and distributed.

Appeals of the Settlement are complete. Certain objectors to the Settlement appealed to the U.S. Court of Appeals for the Sixth Circuit, and the Sixth Circuit dismissed their appeals in November 2025. Objectors then filed a petition for a writ of certiorari to the U.S. Supreme Court, and the Supreme Court denied their petition on March 2, 2026. Direct Payments and Business Loss Payments can now proceed, and the Direct Payment and Business Loss Claims review is ongoing. Direct Payment Claim awards are anticipated to be mailed in June 2026. Business Loss Claim awards are anticipated to be mailed later in 2026.

This FAQ page is a summary of the basic terms and information of the Settlement. For the precise terms and conditions of the Settlement, you may consult the detailed “Settlement Agreement”. The Settlement Agreement, the notice documents, and court orders and judgments relating to the Settlement will be available on this website. You can contact the Settlement Administrator in writing at East Palestine Train Derailment Settlement, P.O. Box 6820, Portland, OR 97228-6820, by calling 1-833-425-3400, or by email at info@EastPalestineTrainSettlement.com.

If you do not sign and complete the release properly, you will not be eligible for a Personal Injury payment and you will not be given another opportunity to cure.

If your child is no longer a minor, then they will need to fill out and sign the release. You should also include a copy of a valid government identification for them when you return the release. Please note that birth certificates do not count as valid government identification.

If you are an adult, please click here for instructions on how to fill out the release properly. If you are signing on behalf of a minor (under 18 years old), please click here for instructions on how to fill out the release properly.

Defect Notices are being sent on a rolling basis.

Please respond by the due date indicated on your letter.