EAST PALESTINE — With direct compensation from the $600 million settlement between Norfolk Southern and East Palestine residents on hold until the appeals process runs its course, class members within 10 miles of the derailment and who opted into the personal injury component are hopeful those payments will be sent out soon.

However, those payments likely will be lower than what many are expecting.

When advocating for personal-injury participation, plaintiff lead counsel told residents — supported by settlement documents — that personal injury payments were expected no more than 30 days after the final approval hearing (held Sept. 25 in Youngstown’s U.S. Northern District Court) and were not subject to the appeals process.

That information was available to residents before they opted in. What wasn’t made available before the Aug. 22 deadline was the formula used to determine awards. Those specifics of the Distribution Plan became public when submitted to Judge Benita Pearson for final approval last month.

That document, which refers to the personal damages component as the “Voluntary Exposure Supplement” program, breaks down how Kroll Settlement Administration — the company processing the claims and stands to pocket up to $20 million for doing so — calculates allocations.

“All eligible class members start with a ‘base’ of 100 points, which is intended to reflect the ‘average’ individual living in the Village of East Palestine at the time of the derailment,” the plan explains. “The ‘base’ of 100 points is equivalent to one $25,000 share of the Voluntary Exposure Supplement program. The ‘base case’ is therefore entitled to $25,000 per person, with other individuals’ payments increasing or decreasing from the ‘base case’ depending on the factors presented in their claim forms.”

Eight factors are considered — location from derailment site, location direction from derailment site, timing of physical presence in impacted areas, age at the time of the derailment, if symptoms were experienced, the nature of symptoms, medical treatment received and if a diagnosis was given by a physician.

Each category has sub factors. For example, a person physically present between Feb. 3, 2023 (the day the train derailed) and Feb. 8, 2023 (the day the mandatory evacuation was lifted) receives a multiplier of 1x. Those who were physically present Feb. 9, 2023 to June 30, 2023 receive a multiplier of 0.50x. It falls to a 0.25 multiplier July 1, 2023 to April 26, 2024.

Age considerations are minor (1.10x), over 65 (0.90x) and everyone else (1x). Symptoms are weighed as ambiguous symptoms (0.90x), transient symptoms (1x) and significant disease (1.25). Ambiguous symptoms are described as runny nose, eye irritation, headaches and sore throat. Respiratory distress, burning lungs and rash fall under transient. Pneumonia, COPD, chemical bronchitis and heart attack are classified as significant diseases. Treatment multipliers start at 1x for no treatment sought and go as high as 1.25x for multiple or extended hospitalizations. A formal diagnosis earns a 1.05x.

“The factors elicited from the claim form are converted to multipliers that reflect enhancements or detractions based on severity or degree of impact,” court documents state. “All multipliers — whether enhancements or detractions — are applied consistently and objectively to the eligible class member’s ‘base’ award of 100 points. The number of points calculated once all multipliers have been applied is the final gross allocation of the Voluntary Exposure Supplement program to an eligible class member subject to any reductions or offsets.”

In other words, all the multipliers are calculated and then offsets are applied. If, for example, a resident received a calculation of five points totaling $3,000 but previously received reimbursement of $1,500 for x-rays or blood testing, that amount is subtracted from the medical treatment total. If the previous reimbursement was $5,000, the entire $3,000 allotted for medical treatment is wiped out but the net difference of $2,000 is waived. Each category total is then computed and final payment determined.

The plan gave several hypothetical scenarios to try to simplify the complicated formula. A person, age 35, living 1.5 miles from the derailment site on Feb. 6, 2023, who reported symptoms of headaches and sore throat, but did not seek medical treatment and did not receive a formal diagnosis would score 90 points of a possible 100 and receive $22,500.

A 10-year-old child living 3.4 miles from the derailment on Feb. 3, 2023, who reported no symptoms or treatment would receive 41.25 points, or $10,312.

A person, 55, living 3.6 miles from the derailment in the southwest direction who reported exposure and a runny nose with no medical treatment or formal diagnosis would receive 22.5 points or $5,625. The Distribution Plan allots $120 million of the $600 million ($420 million after $180 million is deducted for attorney fees) to be distributed for personal damages.

Some residents are likely to be underwhelmed when checks for personal damages are distributed. Social media discussions regarding the settlement indicate the majority of residents are expecting checks near $25,000.

“It was my understanding from a Zoom meeting the lawyers hosted a while back that the 2-mile minimum per person would be at least $25,000,” one post read. “That number was based on everyone turning in proper paperwork. The final approval could be final approval of all paperwork from the settlement [administration].”

“I know it’s not gonna be 25K,” another resident posted. “I just hope it’s close.”

Another added, “We were told $25K. Why did that change?”

Class members can direct questions to the settlement administrator by calling 833-425-3400 or by email at info@eastpalestinetrainsettlement.com.