Never-released testing report alleges elevated cancer-causing contaminants were found in East Palestine soil after train derailment
Shortly after the 2023 train derailment and controlled burning of vinyl chloride in East Palestine, Ohio, industrial hygienist and exposure expert Stephen Petty tested soil and water in the community after being hired by attorneys representing residents in a class-action lawsuit against Norfolk Southern.
Petty’s findings were not released to residents when attorneys reached a $600 million settlement with the railroad. The testing data has since emerged, with Petty saying it showed elevated levels of dioxins and polycyclic aromatic hydrocarbons, or PAHs, compounds associated with cancer risks.
Petty said between 50% and 70% of the data points for dioxins or PAHs exceeded EPA cancer-screening levels. He said the findings warranted additional testing to determine whether remediation was necessary and what the contamination could mean for people living in the area.
“It’s a problem there,” Petty said, arguing that the results did not support claims that there was nothing significant to investigate.
Another independent testing expert, Scott Smith, also reported elevated dioxin levels. Smith said about 49% of his testing exceeded EPA cancer-screening levels and that his findings were consistent with Petty’s analysis.
Some East Palestine residents said they were not informed about Petty’s findings before agreeing to the settlement. Beth Kosar said she was told the test results were being kept confidential because they could hurt the case.
Linda Murphy said attorneys told her the contamination levels were not severe enough to support long-term health concerns and that disclosing the results could jeopardize the $600 million settlement. Murphy also provided an audio recording that she said came from a meeting with attorneys. In the recording, speakers discuss the testing and say the data was not as severe as initially expected.
The recording also includes comments questioning whether the available evidence could establish the need for long-term medical monitoring or prove future illnesses such as cancer were directly connected to the derailment.
Another resident, Austin Druckenbrod, said he questioned attorneys about the testing and was told that Petty and Smith did not know what they were talking about. Text messages reviewed in connection with the case appear to support Druckenbrod’s account.
While Petty’s results were not shared with residents, attorneys arranged for toxicologist Dr. Arch “Chip” Carson to appear in a video presented to the community. Carson said the chemical exposure levels were so low that he did not expect cancers or other long-term health effects to result from the derailment.
Petty disputed that assessment, saying claims that there was nothing significant to investigate were incorrect and that the testing demonstrated a need for further analysis.
The controversy has prompted some East Palestine residents to seek new legal representation and attempt to withdraw from the settlement. Attorney Mindy Bish now represents residents challenging their participation and has accused the original attorneys of concealing important information about potential health risks.
Nearly 90 residents are seeking to rescind their participation in the settlement. Their legal filings allege that class attorneys concealed expert findings and misrepresented health risks while persuading residents to accept personal injury payments.
A judge rejected their effort to reopen the settlement in April, but the residents have appealed. Their appeal argues that Petty, who was retained by the attorneys representing the class, reached conclusions that were potentially damaging to the settlement but were not disclosed to residents before they agreed to it.
The attorneys involved in the settlement and Carson have not responded to requests for comment on the allegations.
Druckenbrod said he believes residents were misled and that proving what happened will be important to his future.
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