Home > Cases > Industrial & Corporate > East Palestine

East Palestine Train Derailment Lawsuit: Corporate Negligence

Representing families harmed by toxic gas and chemical exposure.

Image by National Transportation Safety Board, Public domain, via Wikimedia Commons.

Hope in the Wake of a Toxic Nightmare

On February 3, 2023, a Norfolk Southern train derailed in East Palestine, Ohio. In the days that followed, families in Ohio and Pennsylvania were left with fear, unanswered questions, acute health concerns, and the painful uncertainty of not knowing what the toxic exposure could mean for their futures.

For families affected by toxic gas exposure, the harm was immediate, yet invisible. When that exposure comes from a powerful industrial entity like a railroad, holding them to account requires a legal team that understands how toxic exposure fundamentally changes lives. Just Well Law, in partnership with The Keenan Law Firm and Bressman Law, stood with these families who were failed by Norfolk Southern, the Centers for Disease Control (CDC), the federal Environmental Protection Agency (EPA), and state agencies.

A Beautiful, Sad Tapestry

In East Palestine, the harm could not be told through one story alone. It had to be understood through many: mothers worried about their children’s health, families forced from their homes, and people trying to make sense of illness, loss, and uncertainty in a landscape of uncertainty.

The Harm Did Not End When the Fire Went Out

The East Palestine derailment became a national symbol of industrial failure because of the shocking images: the towering smoke plume, the evacuation, the “controlled” burn, and a small community thrown into crisis.

But for the families we represented, the deeper story began after the cameras left. Residents described a “toxic nightmare” of new and worsening health concerns. They faced gastrointestinal issues, chemical rashes, persistent dizziness, and respiratory distress. Beyond the physical toll was the emotional and financial strain of property loss and the daily fear of whether their homes, the places they should have been safest, had been permanently compromised by vinyl chloride and other hazardous materials.

The Legal Action: Seeking Accountability

In February 2025, two years after the derailment, current and former residents brought new legal claims related to address the systemic failures of the disaster. This litigation stood apart from prior class action settlements, focusing instead on the individual experiences of families who refused to be treated as a single, nameless group. The state-court case Josh Hickman, et al. v. Norfolk Southern Railway Company, et al., was filed in the Court of Common Pleas in Franklin County, Ohio. The litigation named hundreds of individuals from communities in and around East Palestine and included claims of:
  • Civil Conspiracy & Negligence
  • Nuisance & Trespass
  • Wrongful Death & Punitive Damages
In addition to the suit against Norfolk Southern, hundreds of families filed the required pre-litigation administrative forms under the Federal Tort Claims Act, seeking accountability from federal agencies for their response to the disaster. These families sought a reckoning for the “controlled” burn and the exposure to vinyl chloride that followed.

Why This Case Matters

Toxic exposure cases are unique because the harm is often both immediate and hauntingly uncertain. Families knew something was wrong long before the testing caught up. They felt unsafe long before those in authority were willing to admit what went wrong.

Just Well Law was built for families in that space. Those who were asked to “move on” before they had been fully heard. We understand that toxic exposure isn’t abstract; it affects where people sleep, what their children touch, and the very air they breathe.

A Movement Born from Harm and Hope

The East Palestine derailment changed the way families understood their homes, their health, and their right to truth. What began as a disaster became something larger: a movement for transparency, medical accountability, and environmental justice for all communities exposed to toxic harm.

While the intake for this specific litigation has rested, the movement for medical transparency and corporate accountability continues. This case was the reckoning; the legacy is the change we demand for every family who deserves to live, breathe, and drink without fear.

Who We Are

We represent sick families against the institutions that made them sick.

Kristina Baehr

Kristina Baehr is a national trial lawyer and the founder of Just Well, a law firm dedicated to justice and wellness. She represents families poisoned in their own homes, schools, and communities — taking on corporations and governments that made them sick.

A Princeton and Yale Law graduate, Kristina rose to partner at a national trial firm, helping clients recover over $1 billion against Big Pharma and Big Tech before serving as an Assistant U.S. Attorney for the Army, Air Force, and VA.

After her own family was harmed by toxic exposure, she founded Just Well to fight for others. Today, her team leads landmark cases for families impacted by toxic mold, contaminated soil and water, and gas and chemical exposure.

Mindy Bish

Mindy Bish considers her decision to enter law school in her thirties the best of her life. Since 1993, she has been a tireless advocate for the injured, bringing over 20 cases to jury verdicts and securing multiple seven-figure results.

A recognized expert in trial advocacy, Mindy serves as the Associate Dean of the Keenan Trial Institute, where she is qualified to teach the entire curriculum. Her commitment to excellence led her to be selected as the 5th Keenan Law Firm Fellow in 2018, a prestigious role focused on mastering complex trial strategies.

Mindy remains at the forefront of the legal community, monitoring both national and California trial attorney networks to ensure her clients benefit from the most advanced methods in the practice of law.

Don Keenan

Don Keenan is a partner at the Keenan Law Firm, specializing in high-stakes litigation involving children, including personal injury, medical malpractice, and wrongful death.

He is most recognized for his landmark lawsuits challenging foster care conditions in Georgia, which successfully sparked legislative changes to protect children from abuse. A leader in the legal community, Keenan has served as the national president of the American Board of Trial Advocates and president of the Inner Circle of Advocates. Throughout his career, he has secured 387 settlements and verdicts exceeding $1 million.

Keenan’s advocacy has earned him national recognition in Time magazine and the ABA Journal, and he has appeared on The O’Reilly Factor and The Oprah Winfrey Show, where he was honored as one of Winfrey’s “People Who Have the Courage.”

Jedidiah Bressman

Jedidiah Bressman is a trial attorney at Bressman Law, where he focuses on personal injury and securing justice for his clients in the courtroom. His foundation in high-level litigation was built serving as an Assistant Attorney General in the Health and Human Services division, where he represented state agencies, and as a Judicial Staff Attorney for Judge Frederick D. Nelson at the 10th District Court of Appeals of Ohio.

A graduate of The Ohio State University Moritz College of Law, Jedidiah served as the Symposium Editor for The Ohio State Journal on Dispute Resolution and excelled in competitive moot court.

Combining a background in communication with a sharp academic record from the Indiana Institute of Technology, he brings a commanding and persuasive presence to every case he takes to trial.

Talk To Just Well

Contact us to discuss your story and legal case.

We want to hear your story and help you demand justice. Please reach out today to talk with a Justice Advocate from the Just Well Law team.

The justice system only works when brave people bring the claims. Take the first step toward holding them accountable.