By Aria Bendix and Uwa Ede-Osifo -
NBC News
Ever since he returned to work after a train derailment carrying dangerous chemicals, Rick Feezle has had a gruff voice and chest pain.
His wife suffers from sore throats and headaches, according to the 63-year-old man.
Feezle, who has worked in the East Palestine, Ohio area her entire adult life, operating a junkyard and auto shop there, is part of the community surrounding the crash site and a class action lawsuit against Norfolk Southern, the company of the derailed train on February 3.
The accident caused a fire and a chemical spill that forced an evacuation within a one-mile radius.
Authorities decided to release vinyl chloride, a flammable gas carried by the train, to avoid the risk of an explosion, they said, and two days later allowed residents to go home stating that the risk no longer existed.
“Nobody can tell us what to do unless what they have to say is 'It's safe, come back,'” Feezle says, her voice cracking.
“The fish are dying and the animals are dying and I can barely speak and my chest hurts,” she remarks.
Their lawsuit is part of at least six class actions already filed against Norfolk Southern over the accident.
For the most part, they allege they lost income due to evacuations, were exposed to cancer-causing chemicals, and no longer feel safe in their homes.
This photo taken with a drone shows the ongoing cleanup of parts left over from the Norfolk Southern freight train. Gene J. Puskar / AP
Norfolk Southern told NBC News that it "cannot speak about the litigation."
But in a statement released Thursday, the company said that, in addition to its ongoing cleanup work, it was distributing more than $2 million in financial relief to families and businesses affected by the costs of the evacuation, and has created a million dollar fund to support the community.
Feezle and his fellow lawsuit seek compensation from the company for lost business income and expenses incurred in the evacuation.
They also seek punitive damages for exposure to toxic chemicals.
The Environmental Protection Agency (EPA) classifies vinyl chloride as a carcinogen, and everyday exposure may increase the risk of tumors or liver damage.
A black column rises over eastern Palestine, following the controlled detonation of part of the derailed Norfolk Southern trains on February 6. Gene J. Puskar / AP
Another class action lawsuit filed alleges that the company discharged more vinyl chloride in the course of a week than all of the country's industrial emitters combined in a year.
Lisa Sodergen, who is part of the lawsuit, said in legal documents that
her home was "surrounded by toxic black smoke"
that irritated her lungs, eyes and skin.
Sodergen lives in Lawrence County, Pennsylvania, about
five miles from the
derailment site, which is outside the evacuation zone.
Residents say even chickens are dying after a train derailment in Ohio
Feb 16, 202303:03
Sodergen suffers from "ongoing lung irritation and fears for the long-term consequences for his health" and for the safety of the water supply in the area, the lawsuit alleges.
Together with another plaintiff, he seeks compensation for the increased risk of future illnesses and the costs of medical monitoring to ensure early detection of illnesses.
Rene Rocha, an attorney representing Sodergen, said both plaintiffs in that case have had ongoing health problems that arose after the derailment.
“
When you talk to them, they gasp or start coughing
,” he explained.
Residents of East Palestine participate in a town hall meeting held to answer questions about the ongoing cleanup of the February 3 derailment. Gene J. Puskar / AP
As of Thursday, the Environmental Protection Agency has helped test the indoor air in more than 500 homes, along with Norfolk Southern, and says it has not detected vinyl chloride above levels of concern in any of them.
Ohio Gov. Mike DeWine said Thursday that the water was safe to drink, based on sample results and tests conducted by the EPA, Norfolk Southern and other agencies.
In an open letter, Norfolk Southern CEO Alan Shaw vowed to stay in the area "as long as it takes to ensure its safety and help East Palestine recover and prosper."
But Feezle says that his employees, who include many members of his family, still drink bottled water, as they are not convinced that the water supply is free of contamination.
The Ohio Department of Health recommends that people who get their drinking water from private wells use bottled water until those wells are tested.
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The merchant also said he has heard customers complain about the lingering stench in the air.
The EPA said last week that vinyl chloride byproducts can emit odors at levels below those considered hazardous.
Before making any decisions on whether to continue operating his businesses, Feezle said, he is waiting for independent air and water quality tests, which his lawyers are arranging for starting next week.
Until the derailment, she said, she had been planning to pass her two businesses on to her children and employees one day.
“
If it is something bad that is going to kill us, let's go
,” he said.
“There will be a lot of people going bankrupt and a lot of people taking a long time to start over, but at least we will be alive,” she remarked.
Feezle said he also owns several rental properties in the city, and at least four are in the evacuation zone.
[FEMA says Ohio derailment doesn't qualify for federal aid and new video shows train trouble]
“This town will be a ghost town,” he predicts in case there are serious and general health consequences.
"I started in the business when I was 19," she says, "my property values are going to plummet, I think the train wreck is going to cost me millions of dollars," she said.
And he is afraid that he or his family may get cancer one day.
“I'm afraid we'll all be out of here in five years, one way or another,” he concludes.
