(The following story by Erin Brooks appeared on the Aiken Today website on December 27.)
AIKEN, S.C. — After more than a year of negotiation, Norfolk Southern Railroad and plaintiff’s class counsel have reached an agreement that could provide a settlement for hundreds of Graniteville residents with personal injury claims stemming from the deadly train derailment and chemical spill in 2005.
The joint motion for preliminary approval of the class settlement was filed Friday in federal court. If approved, notices of the settlement could be sent out to claimants within the next month.
“(U.S. District) Judge Margaret Seymour will hold a hearing around Jan. 8 or 9 to consider the motion and the proposed notice,” said Daniel B. White, a partner with Gallivan, White and Boyd law firm and lead counsel of the Norfolk Southern Corporation in connection with the Graniteville litigation. “If preliminary approval is granted, notices could be sent out a week to 10 days after that.”
White describes the proposed settlement as “a continuation of Norfolk Southern’s effort to resolve all claims that has resulted from more than a year of very intense negotiation.”
“We have really gone the extra mile and we feel there are a lot of incentives for people to accept the settlement,” said White. “Of course, if people find that it is not acceptable, they can opt out.”
Norfolk Southern said in a release Tuesday it had reached a final settlement that “would provide varying levels of compensation for people who were injured and who received medical treatment or were hospitalized.”
“This is different from the class action settlement that was negotiated last year,” White said, referring to compensation for property damage, evacuation expenses and losses and minor personal injuries. “This is for people with serious personal injury cases.”
Settlements for mill workers, residents and emergency responders who sought medical treatment within three days of the derailment could range anywhere from $15,000 to upward of $500,000 for each person, attorneys have said.
However, the settlement amounts will be computed on an individual basis.
“Claimants will be paid so much per day for the amount of time they were hospitalized,” said White. “The diagnoses will also be factored in.”
Unlike other settlements, White said, the proposed settlement negotiated by Norfolk Southern, the plaintiffs’ liaison counsel and the plaintiffs’ class counsel does not deduct moneys for attorney’s fees.
“The attorney’s fees are paid on top of the settlement amount,” White said.
Approximately 750 to 800 people could potentially qualify for the settlement.
Among some of the symptoms most frequently listed in the personal injury claims are pulmonary-related conditions, cardiac arrhythmia, skin and eye irritation, bronchial spasms, gastro-intestinal problems, post traumatic stress and sexual dysfunction.
“We have been trying to negotiate a reasonable settlement for people with legitimate claims, and we have been committed to doing the right thing,” said White.
(The Associated Press contributed to this story.)