The federal judge presiding over the Monsanto cancer multidistrict litigation (MDL) has appointed famed attorney and mediator Kenneth Feinbergto help the parties try to resolve the case,  according to Law 360. Feinberg has an impressive resume with a background that includes managing the September 11 Victims Compensation Fund and other massive MDL settlement negotiations.

The list of Feinberg’s high profile settlement negotiations includes managing claims filed following the British Petroleum (BP) oil spill by in the Gulf of Mexico; the Aurora, Colo. theater shooting; and the Boston Marathon Bombing Victims Fund, established six years ago.

Additionally, Feinberg is credited with establishing dispute resolution programs for insurance companies dealing with claims following Hurricane Katrina and subsequent Gulf weather systems four years post-Katrina.

Most recenly, he successfully mediated a dispute between consumers and Fiat Chrysler Automobiles of Nevada and auto parts maker Robert Bosch GmbH. Consumers alleged diesel vehicles had been staged with emissions cheating technology. The case was resolved with a $373 million deal which included a $66 million attorney payment.

Parties to Decide if Feinberg Good Fit for Monsanto Cancer Case

According to a May 22, 2019, Bloomberg.com article, U.S. District Judge Vince Chhabria requested that counsel for both the defendants and plaintiffs meet with Feinberg to assess the potential for mediation in the massive Monsanto cancer litigation and, if so, whether he is a good fit for the role. At present, Bayer, which acquired Monsanto, has taken some big stock hits since losing recent cases, which it intends to appeal.

The Bayer Company, according to Bloomberg, refuses to acknowledge that Roundup causes cancer which, most often, is diagnosed as non-Hodgkin lymphoma. A spokesperson for the company claims that it will participate in good faith discussions with the mediator, but intends to maintain its position that glyphosate-based Roundup products do not cause cancer and are safe and effective to use.

Bayer wants to defer settlement discussions until appeals of earlier judgments are completed. According to a March 27, 2019, New York Times article, Monsanto was ordered to pay $80 million to a man that used Roundup to maintain his property for 26 years. Edwin Hardeman was diagnosed with non-Hodgkin lymphoma in 2015, a year before the International Association for Research on Cancer—which is related to the World Health Organization—identified glyphosate as a probable human carcinogen.

DeWayne Johnson, a landscaper for a school district, also won a sizeable award for his non-Hodgkin lymphoma linked to the occupational use of Roundup. Last summer a jury awarded him $289 million, later reduced to $78 million, according to CNN.

Couple Wins $2 Billion for Monsanto Cancer

Most recently, NPR reports, Monsanto was ordered to pay a California couple, both diagnosed with non-Hodgkin lymphoma, a whopping $1 billion each in punitive damages, and an additional $55 million in collective compensatory damages. The jury found that the company covered up evidence regarding carcinogenic effects of the herbicide.

If you or a loved one developed cancer after using Roundup as a farm worker or home gardener, you may have a legal claim. Legal migrant farm workers may also seek help. Learn more by filling out the form on this page for a FREE case evaluation.

Learn More