devastated our community, put our families in danger, and jeopardized our future.

Now they need to pay.

Betras, Kopp & Markota is the local law firm big enough to bring them to justice.

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BKM: Your source for news and information about the East Palestine derailment and toxic chemical spill

Betras advises residents to be cautions, vigilant in wake of Norfolk Southern derailment, fire, toxic chemical spill

On Thursday, February 15, BKM Managing Partner told area residents to be cautious and vigilant as they deal with short-and long-term impact of the Norfolk Southern derailment.

"People are confused about what they should do, whom they should trust, and what steps they should take to protect themselves, their families, businesses, and their legal rights," Atty. Betras told the crowd that packed the Shale restaurant in Lisbon. "We are here to answer your questions and provide sound advice that will help you deal with the crisis." You may view a video of the meeting by clicking on the YouTube icon.

During the session Betras noted that people living within a 50-to-60-mile radius of East Palestine have been exposed to the toxic brew of dangerous chemicals that were spewed into the air and spilled onto the ground and into the nearby streams and rivers as a result of crash. “We know that cars being driven in the rain 70 miles from the crash site have been covered in foul-smelling residue, that people getting on the Ohio turnpike in North Lima just two days ago reported feeling dizzy and light-headed, and that fish have been dying in the area streams and rivers,” He said. “Everyone in the region should be extremely cautious as the investigation of the derailment and its aftermath continues.”

Caution is required because new information about the chemicals in the train’s tank cars is being revealed as the inquiry by federal officials continues. “Initially, the main concern was vinyl chloride and its toxic components that were emitted into the air in large plumes of smoke during a controlled release,” Atty. Betras said. “Now we have learned that some of the cars were carrying other dangerous and potentially cancer-causing substances that were released into the air, ground, and water after the crash. Exposure to all these chemicals clearly presents a health risk to residents of this region.” Residents and business owners should also exercise caution when dealing with either Norfolk Southern or the class action law firms that have descended on the area in the days after the crash. “According to reports, representatives of Norfolk Southern, a company worth $55 billion, are going door-to-door in East Palestine offering people small checks to defray their expenses,” Betras commented. “Everyone should carefully examine any papers or forms they are given to ensure they are not signing away their rights to sue the railroad in the future.” “The same warning applies to representation agreements being circulated by out-of-town law firms,” he continued. “They are here to round up clients and as soon as they do, they’ll be gone and unreachable. There is no need to retain counsel before a more complete picture of exactly what happened and how it will impact people in the future emerges.” Betras said the BKM legal team will not jeopardize the case by rushing into court. “We will thoroughly review the law and legal precedents, study the facts as they become available, and assess the potential damages before we file what would most likely be a federal class action lawsuit. One thing is certain, however, if we do file our clients will be able to reach us 24-7, 365 because we practice and live in this community.” “Damages in cases involving environmental disasters like this go beyond the impact it has on health, lost wages, and loss of business income,” Betras noted. “For example, according to a US EPA study, incidents that cause property damage, evacuations, or shelter-in-place orders lead to a significant decrease in home values that cost families thousands of dollars. People concerned about the long-term impact of the spill may leave the area which will have a negative impact on businesses. The potential losses could reach into the tens of millions of dollars.” Betras said his firm’s legal team, which has secured numerous multimillion dollar awards from Fortune 500 companies is more than capable of taking on Norfolk Southern. “The National Transportation Safety Board has identified the cause of this disaster,” he said. “NS is responsible for this dangerous situation and should be held accountable for the damage they have done to our families, our communities, and our environment.

BKM Managing Partner David Betras addresses the large group of concerned residents who attended the law firm's informational meeting on February 15.

Cars located 70 miles from East Palestine were covered with toxic residue days after the derailment..

Watershed map illustrates areas at risk for contamination

This map shows the wide area impacted by the Norfolk Southern derailment as toxic chemicals flow into the watershed. To date, water found to contain toxins runs from the derailment site along Sulphur Run through Southeastern Ohio via Leslie Run, Bull Creek, North Fork Little Beaver Creek and Little Beaver Creek before entering the Ohio River at Glasgow, PA. The Ohio River is the source of drinking water for more than 5,000,000 people.

Mary Mertz, director of the Ohio Department of Natural Resources, admitted that wildlife losses were staggering: more than 43,000 wild animals are believed to have been killed. Most were small fish and other aquatic wildlife that appeared to have died instantly at the site when chemicals spilled into a small stream. Ms. Mertz said the ODNR had destroyed thousands of dead fish to prevent animal scavengers from scattering the toxin.

Officials have also said water recreation in the Southeast Ohio corridor likely would be impacted.

Anglers fish for stocked brown trout in and near Beaver Creek State Park, south of East Palestine. Paddlers visit the 36-mile Little Beaver Creek, an Ohio Wild and Scenic River and National Scenic River where traces of the toxic water flowed. The Ohio Environmental Protection Agency said chemicals from the derailment were found in the Ohio River.

NTSB report: NS responsible for derailment

According to CNN, a preliminary report from the East Palestine derailment, released Thursday by the National Transportation Safety Board, found hot box sensors detected that a wheel bearing was heating up miles before it eventually failed and caused the train to derail. But the detectors didn’t alert the crew until it was too late.

The bearing, according to the report, was 38 degrees above ambient temperature when it passed through a hot box 30 miles outside East Palestine. No alert went out, the NTSB said.

View the CNN report here.

WVU student documents catastrophic fish kill

State and federal officials and Norfolk Southern continue to tell residents everything is fine in the region surrounding the derailment, Sam Hall, a sophomore studying Wildlife and Fisheries Resource Management at West Virginia University told Channel 19 that he discovered and took video of tens of thousands of dead animals in Leslie Run Creek.

“It’s a catastrophe. Everything is dead there’s nothing. You shouldn’t walk through a creek and see piles of dead things floating past you, it should be life."

View the Channel 19 story and Hall's videos here

Purdue professor: officials are not being transparent

Purdue University Professor Andrew J. Whelton told the Vindicator that officials who are telling the residents of East Palestine not to worry and that it’s safe to be home are not being transparent.

“It [the derailment and spill of toxic chemicals] has had a profound impact on the safety and well-being on people there,” he said. “It needs to be understood and understood very rapidly. We don’t know the long-term impact.”

PA Governor Josh Shapiro agrees and unlike Ohio's Mike DeWine has been highly critical of Norfolk Southern.

About Betras, Kopp & Markota: The LOCAL law firm big enough to take on Norfolk Southern and the company's insurers

Founded and headquartered in the Mahoning Valley we have represented thousands of clients in Eastern Ohio and Western Pennsylvania over the past 24 years.
We are the local law firm big enough to take on corporate giants like Norfolk Southern and the railroad's insurers.
Secured numerous multi-million-dollar settlements and verdicts from Fortune 500 companies.
We have earned the prestigious "SuperLawyer" designation.
We live here, we practice here, and we are and will be here for you 24-7, 365.

If you live in the region effected by the spill contact BKM at 330-746-8484 or email us TODAY!