Controversy Erupts Over Norfolk Southern Settlement: Allegations of Cover-Up and Misrepresentation

The attorneys for the plaintiffs in the Norfolk Southern class action settlement are being accused of covering up the potential health impacts of the 2023 East Palestine, OH, chemical exposure. Residents attended a town hall on August 1 with the plaintiff’s lawyers to learn about the process of filing a claim as part of the $600 million settlement. More questions were raised when the attorneys brought forward Dr. Chip (Arch) Carson to describe the health implications on residents who were exposed to toxic chemicals from a Norfolk Southern train derailment 18 months ago.

In the video that was re-aired by Status Coup, an independent YouTube news channel, the plaintiff’s lawyers referred to Carson as an expert who is a “completely independent third party.” Dr. Carson did not perform any testing, but the lawyers hired Stephen Petty to do testing in the region surrounding the derailment. His reports have not been shared with the plaintiffs.   

Dr. Carson is a toxicologist at Environmental Medicine Consultants in Cincinnati, but he also has a resume that includes positions at Dow Chemical, Enbridge, Chevron, and Exxon Mobil. Dr. Carson made some bold statements in the meeting and claimed that the exposure level was so low for the residents of East Palestine that there would be no noticeable increase in cancers. The HighWire reported about a CDC visit to East Palestine, in which Arthur Chang said, “We may not know how to treat to get rid of vinyl chloride from the body, but we know how to treat those cancers.”

Jordan Chariton of Status Coup held a town hall with East Palestine residents and had a different expert provide his analysis while answering questions. George Thompson has an extensive resume with 55 years of toxicology experience. He came out of retirement after he learned about the extent of the East Palestine chemical spill, which he said is the worst chemical exposure he has seen in his 55 years of experience.

Thompson submitted responses to the court to dispute Dr. Carson’s claims. Dr. Carson said a “short list of chemicals” was released during the derailment. He also said the vent and burn primarily released chemicals into the atmosphere, including vinyl chloride. Thompson responded, “This is a gross misrepresentation of the magnitude of this complex chemical apocalypse! There were 24 different products in the 52 cars of this derailment. Of the 24 products, 8 were carcinogens (including vinyl chloride), 16 additional products were other hazardous chemicals or products. The fires released 119 chemicals that are known carcinogens. The railcars designated on the Norfolk Southern manifest that burned contained 5,330,000 pounds of materials, and the cars listed as ‘impinged’ contained an additional 3,220,000 pounds of materials, for a total of 8,580,000 pounds of chemicals released into the atmosphere. The chemicals involved in this disaster were not a ‘shortlist!’“

While on Status Coup, Thompson said he wondered how the settlement determined that only residents within a 20-mile radius of the derailment site deserved compensation for toxic chemical exposure. Thompson said the plume went 3,000 feet into the air and spread “like a pancake.” He said it went across several states to southern Canada and states to the south and east of the derailment. He said he found a statement from a family near Niagara Falls in Canada that had chemical exposure symptoms following the vent and burn.

“This family in Ontario had the same symptoms that have been described in East Palestine,” Thompson said. “This is absolutely unprecedented. The science of toxicology and medicine has no way to account for the hazards or the risks associated with simultaneous exposure to hundreds of chemicals. For Doctor Carson to say into the future he doesn’t think there will be any impact. There isn’t one piece of data in the world that can tell him that. It is unprecedented in the number of chemicals involved, in the quantity, in the number of different times you were exposed.”

The 20-mile radius required to qualify for the class action settlement equates to 1,256 square miles. Thompson estimates the real area of exposure is 126,000 square miles.

Dr. Carson said that vinyl chloride is the only known released chemical that can cause cancer, and he doesn’t expect it to cause cancer or any other negative health effects. Thompson responded, “This misleading statement ignores the fact that there were seven other chemical carcinogens in the railcars (i.e., EGMB. petroleum lube oil, fuel additives, benzene, paraffin wax, & hydraulic cement). There was also no mention that the fires released over 120 chemicals known to cause cancer in 21 different organs or organ systems of the body, and dozens of other chemicals released by the fires promote cancer development. At least two East Palestine residents have already been diagnosed with cancer – one man with cancer of the breast, and one man with two tumors/cancers in his brain. The rapid development of these cancers can readily be attributed to the carcinogens released by the fires along with the cancer-promoting chemicals.”

Peter Santenello walked around East Palestine and asked residents questions about their experiences in the aftermath of the derailment and chemical burn. One man said he has stage three kidney disease that he didn’t have six months ago. “Could be from what I do for a living as a welder,” the man said. “Could be because I smoke. Could be because I have high blood pressure.” Candy, his wife, chimed in, “No, I have been looking at your medical records. I am a detective.”

A previous HighWire report discussed miscarriages, menstrual problems, puppy deformations, chemical bronchitis, notched lungs, and seizures as known health effects that happened following the chemical exposure.  

Thompson said he believed that Dr. Carson was hired by Norfolk Southern rather than the plaintiffs’ attorneys. He said everything Carson said only serves to help Norfolk Southern and doesn’t help the plaintiffs’ case, who are looking for compensation for current and looming health effects.

Scott Smith, an independent toxic chemical evaluator, shared his results in a HighWire report in June. He received a subpoena from the plaintiffs’ lawyers asking for his data, including Davina Pujari, who previously worked for the EPA. In June, a PR firm called Rebuttal sent a message to the media on behalf of the plaintiffs lawyers. In the letter, Vice President Stephanie Wolf said, “There has been a significant amount of misinformation pushed by fake scientists and outside groups about the agreement, who are not putting the interests of the residents of East Palestine first.”

The letter says that residents are submitting claims for “tens of thousands of dollars to rebuild their lives, homes, and businesses.”

A Facebook post among residents states that they have received new mail regarding the settlement offer that states those within two miles of the derailment will receive “more or less” than $10,000. Previous mail to the residents said that families within two miles “could receive” up to $25,000. While Dr. Carson doesn’t expect cancer to occur, the CDC and George Thompson disagree. The average cost of cancer treatment is $150,000, according to the AARP.

Scott Smith said there are “$180 million reasons why” the plaintiffs do not want to make the data collected by Stephen Petty available. Petty has been an expert witness in more than 400 cases, but he is legally unable to disclose information from his testing while the case is active. Smith said he has talked with residents and knows that Petty has tested some of the same homes where Smith found high toxicity levels.

“Based on what my scientific team everything we have done and analyzed, it surely appears that Arch Carson is only making his opinion solely based on EPA testing data,” Smith said. “We do know the EPA testing data is all Norfolk-paid contractor data.” Smith went on to explain that the so-called independent toxicity evaluators cannot release or discuss any of their testing data without approval from Norfolk Southern.

In a May email exchange, resident Krissy Hylton provided proof that she had vinyl chloride metabolite in her urine and evidence that her home was contaminated. The email stated that Attorney Russ Abney with East Palestine Justice had a toxicologist who reviewed the information. They told her that if she had vinyl chloride metabolite in her urine in May 2023, it was not from the derailment. She said she was “gaslit” and told there was “nothing to see here.” They told her that tests showed a normal amount of vinyl chloride for an industrial area. A verified source confirms that the toxicologist mentioned in the email was Dr. Arch Carson, who was later brought out in the August 1 meeting to diminish anxieties regarding long-term health effects.

Residents have a deadline of August 22 to opt in or out of the class action settlement.