In 2023, after the train derailment and chemical fire in East Palestine, Ohio, Stephen Petty, an expert in exposure warnings and industrial hygiene, conducted soil and water tests. Petty was hired by class-action attorneys as their testing expert. Despite reaching a $600 million settlement with Norfolk Southern, the attorneys withheld Petty’s findings, even from their clients. NewsNation has obtained these results and interviewed Petty.
Contamination Concerns in East Palestine
Petty revealed to NewsNation that the soil in East Palestine contains carcinogens at levels above screening thresholds, indicating serious concerns that require attention. He identified the presence of dioxins and polycyclic aromatic hydrocarbons (PAHs), among the most carcinogenic compounds. These levels exceed the standards set by the EPA for cancer screening, necessitating further testing and analysis.
Nearly 50% to 70% of data points indicated elevated levels of dioxins or PAHs. Petty stressed the need for additional analysis to assess the remediation required and the implications for residents. Independent testing expert Scott Smith corroborated these findings, highlighting elevated dioxin levels in his tests.
Scott Smith commented, “Forty-nine percent of the testing exceeds EPA cancer screening levels, aligning precisely with Petty’s data.”
Residents Claim Suppression of Data
East Palestine residents expressed dissatisfaction with the attorneys representing them in the class-action lawsuit. Beth Kosar shared that Petty’s test results were kept secret, potentially jeopardizing their case. Linda Murphy received reassurances from attorneys, citing contamination levels were not severe enough to warrant long-term health risks or compromise the settlement.
Murphy disclosed an audio recording of a meeting with attorneys, where they downplayed the impact of chemicals on long-term health. Austin Druckenbrod, another resident, questioned the integrity of the tests, receiving dismissive responses from the lawyers. His text messages supported his claims.
Misrepresentation and Legal Challenges
Despite attorneys withholding Petty’s results, they enlisted toxicologist Dr. Arch “Chip” Carson to produce a video asserting minimal health impacts from the derailment. Carson, affiliated with prominent universities, stated the exposure levels were insufficient to cause cancers or adverse health effects.
Petty countered Carson’s claims, denouncing the dismissal of contamination concerns as false. Residents have since hired new attorneys, including Mindy Bish, who supports their efforts to rescind the settlement participation. Bish challenges Carson’s assertions and highlights developing cancer cases in East Palestine.
Ninety residents are seeking to revoke their participation, alleging fraud and misrepresentation by class counsel. They accuse the concealment of crucial expert findings, influencing personal injury release agreements for inadequate compensation. Although their initial motion was denied, they are appealing based on undisclosed adverse opinions held by Petty.
Druckenbrod remarked, “I believe I was manipulated. I believe there was fraud. My future depends on proving the bad actors were wrong.”