EAST PALESTINE — With residents becoming increasingly disgruntled with how the $600 million settlement with Norfolk Southern is playing out, another legal firm came to town this week to discuss individual action against the railroad for those who opted out of the class action lawsuit and to talk about remaining options for those who opted in.

Just Well Law, an Austin-based firm specializing in environmental toxin cases, held two meetings in Columbiana with residents Wednesday at Josie’s restaurant and Thursday at the Best Western Coffee Shop to convince those who have grown weary of lawyers to file individual claims against the railroad and other parties — including the U.S. Environmental Protection Agency — for damages caused by the 2023 train derailment and chemical spill.

The firm said it is investigating claims against the EPA and will file SF-95 forms — required under the Federal Tort Claims Act to bring a case against the United States for property damage, personal injury or death allegedly caused by a federal employee’s negligence — for all clients.

“Just Well Law is representing sick families and individuals harmed by the hazardous materials released in the dangerous train derailment and incompetent cleanup,” the firm said via social media. “We are representing sick families and individuals in claims related to the dangerous derailment and the negligent cleanup. We represent each client individually — not a class. This is an important difference. We are not class action lawyers.”

When opting into the class action lawsuit, class members essentially let Norfolk Southern and a long list of third parties off the hook, signing away their rights to future compensation. Over 50,000 households within the 20-mile eligibility perimeter did, as well as thousands of others within 10 miles seeking personal injury damages. Just Well Law said a claim against the settlement doesn’t necessarily mean residents don’t have other avenues for additional remedies.

“We are bringing claims for individuals and families, whether they are part of the class or not,” the firm explained. “We can talk one-on-one about what claim you can bring and against whom.”

Just Well Law stressed that filing an individual claim will “not interfere in any way with the current class action” nor will it stop the personal injury payments that are beginning to be paid out.

That payout process has been slow and confusing. Class action counsel promised payment of personal injury claims up to $25,000 per person within 30 days of final approval, which was granted in September. Three months later, Kroll Administration — the company processing the claims and will be compensated in the neighborhood of $20 million for doing so — reported that 1,800 confirmation letters of pending payment have been mailed out. A handful of residents have confirmed receiving those payments with some reporting the amount far below what was expected. Direct payments (property damages) were slated to begin by the end of 2024, but appeals have pushed the pause button on that distribution. Personal injury damages were not subject to appeals.

Just Well Law’s founder, Kristina Baehr, said the class action fell short.

“It’s two years later. People are so very sick. People are still struggling and this place is still contaminated,” Baeher said in a message she recorded from East Palestine. “They want to have clean air and clean water, and we are going to help them do it. But by God, it’s in spite of the class action lawyers because they really screwed it up here. One case at a time, we are going to make it happen.”

The firm said it has just one more week left to sign up potential clients, leaving many wondering what took the firm so long to reach out to those impacted by the derailment.

According to Just Well Law, most of their time over the last few years has been on litigation involving the Red Hill fuel spill in which military families and residents of Oahu, Hawaii, maintain that jet fuel contaminated the area’s potable drinking water supply. Just Well Law represents 7,500 plaintiffs in their mass tort lawsuit against the government.

Baehr empathized with the residents as her own family became sick from mold inside their home and won a $3.84 million dollar verdict against 11 defendants who were involved in the construction of the family home.

That led to her establishing Just Well Law to help others impacted by toxins. The firm also represents Ohio State University students who believe they were exposed to toxic mold in their dorms.

“I’ve heard the gas lighting before,” Baehr told residents during one of the Q&A sessions in Columbiana. “I’ve heard the government saying that ‘oh no the tests look fine” when they haven’t actually done any tests. I’ve heard about people interfering with doctors. It’s just a story I’ve heard before and it’s terrible.”

Residents can contact Just Well Law through the firm’s website at www.well.law and clicking the Ohio/East Palestine link, by email at recover@well.law, or by calling 512-714-6919 or 614-954-0431.