(The following story by Josh Voorhees appeared on the Aiken Standard website on June 26.)
AIKEN, S.C. — A federal judge approved the terms of a multimillion dollar class-action settlement Monday for the victims of the Norfolk Southern Railroad train derailment and chemical spill.
During the hour-long fairness trial, lawyers representing both the plaintiffs and the railroad company addressed the court, providing details about a compromise that both sides called a fair financial settlement.
After hearing from the attorneys and one of the plaintiffs, U.S. District Judge Margaret Seymour ruled that the terms were in fact “fair, reasonable, and adequate.”
Under the settlement, 180 people who have been approved according to terms outlined in the agreement will receive a total of more than $10.5 million.
The actual payment each individual will receive is dependent on a number of factors — including where they were at the time of the accident, how serious their injuries were, and when they sought medical treatment — and varies from around $9,000 on the low-end to over $250,000 for the seriously-injured individuals.
“We feel really good about what we have been able to do” in terms of compensation for the injured, Carl. L. Solomon, of Columbia-based Gergel Nickles & Solomon, one of several attorneys representing the plaintiffs, said after the hearing.
Attorneys representing Norfolk Southern also expressed their satisfaction with the agreement.
“From day one Norfolk Southern has made a commitment to the people of Aiken that it would do what was right to compensate” the victims, said Daniel B. White, of Greenville-based Gallivan, White & Boyd, who represented the railroad company.
Prior to Monday’s hearing, more than 500 individuals chose to opt out of the class-action suit; however, lawyers on both sides believe the vast majority of those individuals were not qualified to be included in the suit anyway.
Slightly more than $4.1 million of the settlement total has already been paid out to the 104 people who have accepted accelerated payment.
There are currently 25 additional lawsuits filed by individuals in connection with the accident.
Lawyer fees will not be taken out of the settlement. Solomon said that they are asking the judge for an amount equivalent to a third of the settlement. The judge has not yet ruled on the issue.
The train accident occurred on January 6, 2005, in Graniteville when two Norfolk Southern-owned trains collided. One of the trains was carrying chlorine gas, which was released during the collision.