After the 2023 train derailment in East Palestine, Ohio, which involved the burning of vinyl chloride, Stephen Petty, a well-known industrial hygienist, tested the area’s soil and water. Petty, employed by class-action attorneys for his testing expertise, found significant contamination levels. Although a $600 million settlement with Norfolk Southern was reached, the attorneys withheld Petty’s findings even from their clients. NewsNation accessed these results and spoke with Petty.
Contamination Levels Raise Alarm
Petty reported to NewsNation that the soil contains carcinogens exceeding acceptable screening levels. His data showed elevated concentrations of dioxins and polycyclic aromatic hydrocarbons (PAHs)—some of the most carcinogenic substances known. His analysis indicated that more than half of the tested samples exceeded these limits, requiring further investigation.
Independent expert Scott Smith conducted his tests, revealing similar high levels of dioxins. Both Smith and Petty, recognized as whistleblowers, emphasized the seriousness of the contamination.
Residents Unaware of Test Results
Many East Palestine residents felt misled by their attorneys. Beth Kosar, a local, noted that Petty’s results were kept secret to avoid jeopardizing the settlement. Another resident, Linda Murphy, shared an audio recording from a legal meeting indicating that contamination levels might not be severe enough to impact long-term health as initially feared.
The inconsistency between the attorneys’ assurances and the findings prompted skepticism. Austin Druckenbrod questioned the truthfulness of data presented by the lawyers.
Expert Opinions Contradict Findings
Despite the suppression of Petty’s results, a video featuring insights from Dr. Arch “Chip” Carson was shown to residents. Dr. Carson downplayed the potential health risks, stating that exposure levels were unlikely to cause cancer or other health issues.
However, Petty strongly disagreed with these claims, asserting that dismissing the contamination concerns is factually incorrect.
Legal Actions Undertaken
Attorney Mindy Bish is aiding residents who wish to withdraw from the settlement. She highlighted discrepancies between Petty’s data and the attorneys’ representations. Residents are currently seeking to void their settlement participation, alleging fraud and misrepresentation by their legal counsel.
While a judge initially denied their motion to reopen the case, residents continue their legal battle. They accuse their former attorneys of suppressing critical health risk information while encouraging them to settle.
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