EAST PALESTINE, Ohio (NewsNation) — Two years after the Norfolk Southern train derailment in East Palestine and the subsequent toxic plume of smoke that devastated the area, a lawsuit against the transport company alleges a conspiracy to deny health care to those impacted.
Tara Hicks, Christa Graves and Lonnie Miller are among the 793 East Palestine residents involved in the litigation against Norfolk Southern and more than 50 other defendants, including state and local agencies, involved in the investigation and cleanup.
The lawsuit alleges a conspiracy to deny health care on behalf of Vanguard, BlackRock, Mercy Health and Quest.
“We’ve been lied to from the beginning,” said Hicks. “They’ve said everything is fine when we know that that’s not the case. And now we’re finding out for a fact that we were right. We’ve been poisoned.”
CDC allegedly ‘failed to ensure proper public health response’: Lawsuit
The lawsuit cites the Centers for Disease Control and Prevention (CDC) for “failure to ensure proper public health response, testing, and medical support for the affected residents of East Palestine.”
It also alleges the CDC “negligently instructed health professionals and testing facilities not to test for dioxins and other toxic chemicals, denying residents accurate diagnosis and critical medical care.”
FILE – A black plume rises over East Palestine, Ohio, as a result of a controlled detonation of a portion of the derailed Norfolk Southern trains Monday, Feb. 6, 2023. (AP Photo/Gene J. Puskar, File) 
FILE – This photo taken with a drone shows portions of a Norfolk Southern freight train that derailed in East Palestine, Ohio, Feb. 4, 2023. (AP Photo/Gene J. Puskar, File) 
Portions of a Norfolk Southern freight train that derailed the night before burn in East Palestine, Ohio, on Feb. 4, 2023. (AP Photo/Gene J. Puskar, File) 
FILE – Cleanup continues, Feb. 24, 2023, at the site of a Norfolk Southern freight train derailment that happened on Feb. 3, in East Palestine, Ohio. (AP Photo/Matt Freed, File) 
This video screenshot released by the U.S. National Transportation Safety Board (NTSB) shows the site of a derailed freight train in East Palestine, Ohio, the United States. About 50 Norfolk Southern freight train cars derailed on the night of Feb. 3 in East Palestine, a town of 4,800 residents near the Ohio-Pennsylvania border, due to a mechanical problem on an axle of one of the vehicles. There were a total of 20 hazardous material cars in the train consist, 10 of which derailed, according to the NTSB, a U.S. government agency responsible for civil transportation accident investigation. (NTSB/Handout via Xinhua) 
This video screenshot released by the U.S. National Transportation Safety Board (NTSB) shows the site of a derailed freight train in East Palestine, Ohio, the United States. About 50 Norfolk Southern freight train cars derailed on the night of Feb. 3 in East Palestine, a town of 4,800 residents near the Ohio-Pennsylvania border, due to a mechanical problem on an axle of one of the vehicles. There were a total of 20 hazardous material cars in the train consist, 10 of which derailed, according to the NTSB, a U.S. government agency responsible for civil transportation accident investigation. (NTSB/Handout via Xinhua)
“Just tell us the truth,” said Miller. “We’re all adults. We can handle the truth. What were we exposed to? I want accountability. I want justice for my family.”
They say they were told that a letter was sent out, instructing health care officials to disregard their concerns.
‘Testing or treatment related’ to train derailment not recommended: CDC letter
NewsNation has obtained the clinical guidance letter from the CDC that was sent to hospitals and local health providers after the derailment and burn.
“No testing or treatment related to a specific chemical exposure is recommended,” it read in part.
“Do not diagnose anything related to chemicals. Don’t do any testing related to chemicals. This is all a stress reaction,” is what Miller says she was told.
Attorney believes CDC letter meant to make residents feel ‘crazy’
Mindy Bish, one of the attorneys representing the residents who spoke with NewsNation, said that letter was an attempt to convince residents they were “crazy.”
“It [the CDC letter] says, specifically, we don’t believe you should test or treat. And it even goes on to say that residents can feel stressed as a result of a major environmental disaster,” said Bish. “So when I read it, I thought that is the beginning of telling these people that they’re just crazy. Nothing’s really wrong with you. You’re just crazy.”
Miller says CDC workers in East Palestine also became sick and left the area.
“I’m angry. I’m angry because every single one of those agencies at the bottom of that form, from federal, state, local, they all failed us,” said Miller.
The residents say their lawsuit is about truth and accountability.
“Justice has always been found with a jury and only with a jury,” said Bish. “So we’re going to find justice with juries until these companies realize that they just can’t act this way anymore.”
NewsNation has reached out to Norfolk Southern and the CDC for comment.