(The following story appeared on the Opelousas Daily World website on August 31.)
LAFAYETTE, La. — The Union Pacific Railroad Company will pay $65 million to settle a class-action lawsuit filed over a May 2000 train derailment that forced the evacuation of more than 3,000 Eunice area residents after train cars carrying hazardous chemicals jumped the track.
A federal judge on Monday formally approved the settlement, which was tentatively reached in May. The money, minus attorneys fees, will be split among the 12,273 people who have filed claims in the case.
Taking into account the maximum allowable attorneys fees of 40 percent, each plaintiff could receive an average of $3,177.
The amount paid to each person will be determined through a review process over the next two months, and plaintiffs should receive a letter stating how much they are eligible for by the end of October, said Pat Juneau, who has been appointed by the court to oversee the settlement payout.
Judy Latour, who lives about one mile from the derailment site, said that her family, like most of the evacuated residents, stayed in a motel for about a week while the derailment was cleaned up.
“It was just frightening at the time. It was a scary thing,” she said. “We just picked up everything and moved out.”
Michael Neucere, who owns a skating rink about 250 yards from the derailment site, said he wasn’t expecting much from the settlement for damages to his business, Skateland of Eunice.
“And if you don’t expect much, you won’t get disappointed,” he said.
Still, Neucere said he believed the process of determining individual pay-outs will be fair.
“The main thing is for all those people who really got sick from it,” he said. “… I think everybody is going to do the right thing.”
The formal approval of the settlement came after a so-called fairness hearing on Monday, held for the judge to determine if the monetary amount is adequate and to hear objections to the settlement.
Environmental crews continue to monitor water and soil in the area near the derailment. Attorneys for the residents say the hazardous chemicals that leaked in the accident have been linked to no long-term health problems, but several residents initially complained of headaches, rashes, breathing trouble and irritated eyes.
U.S. District Judge Richard Haik put off ruling on the amount of attorneys fees in the case but capped the figure at 40 percent of the total settlement. Attorney fees in class-action lawsuits are generally one-third of the total settlement.