Following the 2023 train derailment in East Palestine, Ohio, industrial hygienist Stephen Petty tested local soil and water for carcinogens. Hired as a testing expert by class-action attorneys, Petty’s results remained undisclosed, even to the plaintiffs. NewsNation obtained these results and consulted with Petty.
Undisclosed Contamination Report
Petty revealed carcinogens like dioxins and polycyclic aromatic hydrocarbons (PAHs) in the soil exceeded safe limits. These findings align with levels recognized by the Environmental Protection Agency (EPA) for necessitating further action. Petty emphasized that around 50% to 70% of the data points surpassed cancer screening thresholds.
You have to do further analysis to determine what it means for people in that environment,
Petty stated. Independent tester Scott Smith confirmed elevated dioxin levels, supporting Petty’s claims.
Resident Concerns
Residents expressed frustration over the secrecy of the test results. Beth Kosar, an East Palestine resident, noted the attorneys maintained silence to avoid undermining the $600 million settlement. Another resident, Linda Murphy, shared recordings where attorneys downplayed contamination severity.
Some residents, like Austin Druckenbrod, distrusted the lawyers, suspecting manipulation.
Attempts at Transparency
Petty’s results remained hidden, yet a video with toxicologist Dr. Arch “Chip” Carson presented to residents downplayed health risks. Carson claimed that chemical exposure levels were too low to cause cancer or other adverse health effects.
Legal Developments
New legal representation emerged for residents seeking to withdraw from the settlement. Attorney Mindy Bish described Petty’s findings as evidence of fraud and misrepresentation. Residents asserted class counsel concealed the risks, prompting nearly 90 individuals to attempt rescission from the settlement.
Their allegations included substantial evidence of deception by legal representatives. Efforts to reopen the settlement were initially denied, leading to an appeal process asserting undisclosed expert opinions adverse to the settlement’s terms.
Resident Auston Druckenbord stated, I believe I was manipulated. I believe there was fraud,
indicating his determination to challenge previous legal actions.