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Direct payments released in EP derailment settlement

EAST PALESTINE (WKBN) – Class action payments in the East Palestine train derailment lawsuit that have been held up on appeal are being released, according to the settlement administrator.

Epiq announced that, following the U.S. Supreme Court’s denial of objections to the lawsuit, direct payment and business loss payments can now proceed.

Epiq said that it anticipates that direct payment claims will be paid by the end of June 2026. Business loss claims are still under review and are anticipated to be paid later in the year. It is also finishing its review of personal injury claims and expects to mail “substantially” the remaining claims by March 31.

Some payments, including those relating to minors at the time of the personal injury claim and those relating to deceased or incapacitated class members, require additional processes and will not be issued in the March 2026 distribution.

Feb. 3 marked the third anniversary of the derailment. As it stands now, most involved in a $600 million class action lawsuit against Norfolk Southern have yet to receive their payout. The lawsuit was settled, but payouts to class members have been delayed by appeals.

Some personal injury payments were sent. Epiq said that it continues to review and process personal injury claims. Once it completes its review, the remaining portion of those claims and award payments should be sent by the end of March 31.

The non-class members have maintained that the payout is too small and doesn’t take into consideration future harms. Their case was dismissed by the Sixth Circuit Court of Appeals and then by the U.S. Supreme Court.

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