AIKEN--A federal judge approved a class-action
settlement Wednesday involving one of the nation's worst chemical spills
in nearly three decades, despite concerns from some residents.
"It appears this settlement as proposed is fair," said U.S. District
Judge Margaret Seymour.
However, two Graniteville residents testified they were unhappy with
the attorney's representation, and several other objections were submitted
to the court from people not involved in the class.
The settlement outlines how Graniteville residents and businesses
should be reimbursed for property damages and lost wages and profits after
a Norfolk Southern train crashed into parked railroad cars on a side track
Jan. 6.
The wreck ruptured a railcar carrying chlorine and released a toxic
cloud over the mill town, killing nine people and injuring 250. Some 5,400
people, nearly all living within one mile of the crash were evacuated.
The settlement gives most evacuees $2,000 per household as well as $200
a day, per person for those who didn't seek medical attention within 72
hours after the crash.
Dr. Alan Leff, a pulmonary disease expert at the University of Chicago,
said those exposed to chlorine would show signs of illness, such as
burning and shortness of breath, within the first 24 hours. "Within 72
hours is exceptionally liberal," he said. "It's not the kind of thing
where you say 'I think I'll give this a little time.' "
Those who sought medical treatment within three days of the disaster
were advised to opt out of the per-day payments and those cases will be
resolved at a later date.
A family of five with no major illnesses that was evacuated for 13 days
would receive $15,000 in addition to property damages and other losses.
Nearly 3,300 people have come through the claims center in Graniteville
since June, and the first few checks could go out as early as next week.
Plaintiffs' attorney Joe Rice said similar types of cases have been
reviewed to determine whether the settlement is fair and how long it took
for people to get their money. He said plaintiffs in similar cases got the
same or less money than in Graniteville and, in some cases, it took as
long as 10 years to get it.