Details of potential class-action suit on chemical release given at town hall
Details of potential class-action suit on chemical release given at town hall
ORANGE — Representatives of a local law firm hosted a town hall to address the lawsuits and restraining order filed in relation to a chemical release which resulted in an Orange County shelter-in-place order earlier this month. Over 60 people attended the first town hall session on Thursday at the Orange Train Depot Museum. “What happened here last week, that is something we know very little about right now,” said Brent Coon of Brent Coon & Associates. “Our goal is to let you guys who have already signed up with us know more about what we have found out, and also come back here into the community for the convenience of people that want to retain us to help them with the legal issues that they face as a result of this incident.”
Coon said his firm is looking to launch a class-action lawsuit against Eagle Railcar Services, where flaring from a railcar on July 18 resulted in the release of ethyl acrylate. The release prompted an hours-long shelter-in-place order for Bridge City, Orangefield and West Orange. The lawyer cited lack of communication from Eagle Railcar Services, the EPA’s classification of ethyl acrylate and its negative health effects as primary drivers of a potential class-action suit. Brent Coon & Associates filed the case in Orange County on July 19, as well as a restraining order which is supposed to prevent removal or destruction of any evidence related to the event at Eagle Railcar Services.
Whether the master complaint results in approval of a class-action lawsuit remains at the court’s discretion. Coon said that courts sometimes deny class-action suits due to differing exposure levels and medical histories of those affected. It will likely take multiple months for the legal process to play out and result in a decision. If a class action suit is not approved, those looking for legal recourse will have to file individual claims through their own counsel. “We want to be sure that anybody that wants their name in the claim has an individual document authorizing us to represent them, and to put them on a complaint to be individually made,” Coon said. “That way we make sure that your rights are protected no matter what .”
Coon said ethyl acrylate is an irritant and can cause symptoms such as headaches, drowsiness and irritation of the eyes, the throat and the gastrointestinal system. These symptoms match what many residents say they experienced in the hours following the chemical release. At least 15 attendees raised their hand when asked if they experienced lingering headaches after the flaring. According to Coon, some clients sought medical treatment and were hospitalized through the weekend, including one person who was kept in the ICU. One man at the town hall said his dog passed away shortly after the chemical release.
A woman who lives near Eagle Railcar Services spoke with The Orange Leader and said she experienced adverse health effects of her own. “The smell was strong,” Kathy Fleming said. “My eyes burned and watered, and it felt like I had hot pokers up my nose. My throat burned and I couldn’t breathe. I was thirsty and had a really bad headache for a couple of days since then.”
Coon advised people who are still experiencing adverse reactions to seek a doctor’s evaluation. Medical professionals were on site to evaluate those in need, regardless of insurance status.
The EPA classifies ethyl acrylate as a Group B2, probable human carcinogen. The substance has been shown to cause cancer in rats after prolonged exposure. However, the EPA has not developed a potency estimate to quantify risk by inhalation. Coon said he would like to host at least one more town hall as the legal process continues to update the community on proceedings.
Details of potential class-action suit on chemical release given at town hall
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