EAST PALESTINE — Class members who opted for the personal settlement component of the $600 million class action settlement with Norfolk reached in April to remedy damages caused by last year’s train derailment and chemical release are they can expect to receive decision letters in the mail from the Kroll Settlement Administration. soon.

According to the website eastpalestinetrainsettlement.com — set up by plaintiff’s counsel after the settlement was brokered — the letters will provide the exact amount of the award each class member will receive, as well as instructions for setting up direct deposit for the amount that was established. using the court-approved weighted allocation formula.

Some residents have already reported receiving determination letters, although no receipt of funds has yet been confirmed.

The letters cover personal injury damages only because direct payments (or property damages) have been discontinued while the appeal process is ongoing. The personal injury payments were not subject to appeal, and although determination letters are expected to be sent by the end of the year and depositions will begin soon, class members were initially told that the personal injury payments would be paid within 30 days from final approval, which was later granted on September 25.

If a claimant believes the amount disclosed in the determination letter is insufficient, there is an appeal.

“If the settling class member disagrees with the amount of the personal injury settlement, an appeal may be filed by completing the Acknowledgment and Certification page attached to the letter.” the site states.

Those wishing to expedite payment using ACH deposits can follow the instructions included in the letter to do so. If an ACH deposit is not requested, class members can schedule an appointment to pick up a check. These checks will be available at the Settlement Center located at 191 E. Rebecca St., East Palestine.

“You can only make an appointment to collect your personal injury payment if you have received a personal injury payment letter.” the site pointed out.

Award amounts reported by residents who had already received determination letters varied widely. Some report amounts as high as $600, with others reporting amounts closer to the $25,000 that was promoted by the co-advisor during a Zoom meeting with class members over the summer.

According to the settlement website, the personal injury component “assumed that everyone physically present within 10 miles of the derailment was qualified to receive an additional personal injury payment in exchange for the release of these claims.”

Personal injury claims were open to those who lived or worked within 10 miles of the derailment site. Originally, the personal injury component allowed up to $10,000 per nearest person “zero point”. In July, the senior adviser announced that the amount had more than doubled to $25,000 for those within a two-mile radius. Body injury estimates for other distances from the derailment site also increased from three to five miles ($15,000), five to seven ($5,000), and seven to 10 ($2,000).

The apportionment plan filed with the motion to approve explained that each personal injury claim is assigned a 100-point basis equivalent to a $25,000 share. The “base case” is therefore entitled to $25,000 per person with increases or decreases from “base case” depending on a number of factors called ca “multipliers”.

Eight factors (some with subfactors) are considered – location from derailment site, direction of location from derailment site, time of physical presence in affected areas, age at time of derailment, whether symptoms were present, severity of symptoms, medical treatment received. and if a diagnosis was given by a doctor.

If a class member previously received any compensation directly from Norfolk Southern to cover medical costs (chest x-rays or blood tests, for example), the amount received will be deducted from the final personal injury award.

Direct payments (or property damages) were halted by an appeal of the final approval filed with the United States Court of Appeals for the Sixth Circuit by four class members — Zsuzsa Troyan, Tamara Freeze, Sharon Lynch and Carly Tunno — after Judge Benita Pearson signed the agreement in Northern District Court in Youngstown. Joseph Sheely also appealed the ruling, but has since stated that it was not his intention to do so.

“The personal injury payment is separate and apart from the direct payment claim”, the settlement’s website clarified. “Payment in relation to direct payment claims are currently under appeal and will be dealt with at a later date once the appeal status has been determined.”

It could take more than two years or more for the appeals process to play out and the household payouts (which could be as much as $70,000 for addresses within two miles of the derailment site) to be distributed. In an effort to shorten that process, the attorneys who brokered the settlement filed a motion requiring that any appeal be subject to an $850,000 appeal bond pursuant to Rule 7 of the Federal Rules of Appellate Procedure. In other words, almost $1 million would have to be posted as financial security by an appellant (or appealing party) to cover court costs if the appeal is lost.

More than 55,000 claims were filed by the Aug. 22 deadline to receive part of the settlement with most filing property damage or direct payments. Eligibility for property damage was open to households and businesses up to 20 miles from the derailment site.

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