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*A second Norfolk Southern Train derailed in Ohio was not carrying hazardous materials but did lead 28 cars to leave the tracks on March 4, 2023. According to the National Transportation Safety Board, the mechanical error probably caused a massive train derailment in New Palestine, Ohio. Thirty-eight of the derailed cars carried hazardous substances, like phosgene, a chemical that resembles formaldehyde, and hydrogen chloride. Firefighters at the scene let these cars burn for about two days to avoid a devastating explosion.
The chemical spill killed wildlife and forced a massive evacuation of eastern Ohio and western Pennsylvania. The resulting toxic cloud also drifted over parts of several other states.
Details about this disaster are still emerging, but one thing is certain. Thousands of people were exposed to toxic chemicals, and this exposure was not their fault. When someone else negligently causes injuries, a lawyer stands up for these victims in court. A strong stance usually means compensation and justice for these victims. These goals are always the same, but as outlined below, an Ohio train derailment lawsuit could go in several directions.
Toxic Exposure Injuries
Officials quickly gave the “all clear” signal after the Ohio train derailment. But that doesn’t mean the toxic exposure danger is over. In fact, the danger of illness is just beginning.
Cancer
Toxins like phosgene and hydrogen chloride can contaminate human cells and alter DNA. As a result, these cells divide much more quickly, causing tumors.
This process sounds quick, but it isn’t. This process takes years to develop. In fact, the average cancer latency period is over thirty years. After all this time, initial cancer symptoms, like fatigue, pain, and weight change, appear.
The long latency period creates diagnosis issues. Thirty years from now, very few doctors will remember the Ohio train derailment. So, when a patient complains of the aforementioned symptoms, there’s a good chance the doctor will simply tell the patient s/he’s getting older, especially if the patient has no family history or lifestyle red flags.
Cancer survival rates have improved considerably since the 1990s. This improvement usually assumes that doctors properly diagnose this illness and get a head start on cancer treatments. Because of the toxic exposure to cancer issues mentioned above, delayed diagnosis and treatment is the general rule in these situations.
Respiratory Issues
Caustic chemicals could have a similar effect on the lungs. These chemicals could cause an infection, which triggers inflammation. Many breathing passageways in the lungs aren’t much bigger than the point of a pencil. Slight inflammation could cause a serious injury.
Alternatively, these chemicals could cause chemical burns. These burns, in turn, cause scar tissue to build up. The effect is similar.
Once again, delayed treatment is common in these situations. Most doctors don’t immediately diagnose rare breathing conditions, like constrictive bronchitis (scar tissue in the lungs). Additionally, most people don’t immediately schedule medical examinations when they huff and puff after climbing stairs.
Reproductive Issues
Toxic chemicals affect reproductive organs the same way they affect other tissue in the body. Generally, victims have no idea anything is wrong until they are unable to have children, or they are unable to have healthy children. Toxic chemicals also cause developmental delays. Initially, children with developmental delays often don’t walk, talk, or meet other milestones quite as fast as other kids their age. Once again, most caregivers don’t panic when these things happen.
Legal Issues
The aforementioned health issues usually create legal issues as well, generally with the statute of limitations and comparative fault.
Most states have a two-year statute of limitations in most injury claims. Cancer, breathing problems, and reproductive issues take a lot longer than two years to develop and become apparent.
The discovery rule protects these victims. In most states, victims don’t have a duty to file legal claims until they know the full extent of their illnesses or other damages, and they connect those losses to another person’s or entity’s negligence.
Additionally, adverse lawyers might try to use delayed treatment issues against the victims. These lawyers essentially argue that if the victim had seen a doctor sooner, the victim’s damages wouldn’t have been as bad. Therefore, the court should reduce the victim’s compensation.
Once again in most states, lawyers cannot use a victim’s poor decisions or physical vulnerabilities as an excuse to reduce or deny compensation.
Procedural Issues
The nature of toxic exposure injuries makes these legal claims very complex. Mass tort claims, like environmental poisoning claims, are usually multidistrict litigation claims. Officials consolidate similar cases in a single MDL court for pretrial purposes. This consolidation ensures consistent rulings on pretrial motions and conserves judicial resources.
At Napoli Shkolnik, we successfully handle mass tort cases and offices nationwide, including a presence in Ohio. If the Ohio train derailment toxic cloud affected you or a loved one, contact us today for a free consultation.