Some East Palestine residents who joined a $600 million class-action settlement against Norfolk Southern are now looking to opt out of the agreement, accusing their attorneys of misleading them regarding their health outcomes and expected compensation.
Austin Druckenbrod, aged 27, was employed a mile from the derailment site when officials executed a controlled burn of hazardous chemicals in February 2023. Initially assured of receiving millions in compensation, he is now interested in pursuing an individual lawsuit.
The Cleveland Clinic has diagnosed Druckenbrod with reactive airway disease, which they linked to chemical exposure from the train incident. His brain scans reveal significant swelling compared to average scans, coupled with symptoms such as breathing issues, coughing up blood, and other severe health problems.
“It’s ruined my life in every way that I could possibly imagine,” Druckenbrod told .
Mindy Bish, his current attorney, asserts that the class-action lawyers intentionally concealed Druckenbrod’s case to prevent awareness among other residents that doctors could diagnose illnesses related to chemical exposure.
“The class-action attorneys hid him, and they did so to ensure no one else in East Palestine would discover there were doctors able to diagnose illnesses related to exposure,” Bish explained.
Attorneys allegedly misled residents about health risks and compensation
Melinda Young, another attorney advocating for Druckenbrod, claimed that class-action lawyers introduced a doctor who advised residents against expecting long-term health issues from the exposure, which was intended to promote settlement participation.
“The levels that people were exposed to were so small that we don’t expect any cancers or health effects from those,” the doctor said in a video presentation to residents.
Young said when the court asked if attorneys had made such assurances, “the class-action attorneys misrepresented that fact to the judge and told the judge they never told anyone that which was just not true.”
Druckenbrod’s former attorney, Mikal Watts, denied the characterizations, saying, “I did not communicate with him to stay quiet. If he believed that he had a personal injury claim worth pursuing, we certainly advocated for those clients to simply opt out and continue to pursue the personal injury litigation.”
The controversy comes as Norfolk Southern recently declared cleanup from the disaster complete, stating on its website that the site was restored. However, independent testing suggests toxins remain in the area.
“The cancers have started. People are starting to get diagnoses that say, go home and get your affairs in order, 24-year-olds who are now 27 like Austin,” Bish said. “These attorneys could have found the truth and could have taken care of East Palestine, and they chose money over their clients.”
The attorneys plan to file a motion in federal court seeking to release Druckenbrod and other residents from the settlement so they can pursue individual lawsuits.
