Some objecting to Monsanto settlement - WOWK 13 Charleston, Huntington WV News, Weather, Sports

Some objecting to Monsanto settlement

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WINFIELD, West Virginia -

Thousands who live near the Monsanto Plant in Nitro claim chemicals from the plant damaged their property and health.  They filed suit eight years ago.  A settlement was reached in February, but no everyone is happy with the deal.

The Putnam County Circuit Court's office received 40 letters objecting to the settlement.  Those objecting believe more money should be earmarked for medical monitoring and clean-up of contaminated properties.  Rose Brant of Winfield also has problems with the settlement.

"All the older people will never have a chance to get their homes caught up and I will never have a chance to get my home ahead because my husband died from these chemicals," said Brant.

"Nine million dollars for property remediation is laughable," said Tom Urban, an attorney for some of the plaintiffs who are questioning the deal. 

He said experts determined property clean-up costs to be nearly $1-billion, and under the proposed settlement about a third of the contaminated properties will get clean-up.  He adds under the entire deal 95 per cent of plaintiffs will see no benefits.

"It's absolutely unfair.  Basically this is a giveaway to Monsanto and Mr. Caldwell is going to get a nice hefty attorney fee in exchange.  There is no real benefit to the class members in my view," said Urban.

"Mr. Urban, there are compromises in any settlements.  There just are.  Otherwise they wouldn't be settlements," said Tom Flaherty, the attorney who negotiated the deal and will administer it.

If the settlement moves forward, his firm plans to open an office in Nitro to administer benefits.

"I believe this was the best settlement that could have been obtained and it was in essence what was sued for which was medical monitoring and property remediation," said Flaherty.

The hearing concluded late Monday afternoon.  Now Judge Derek Swope will determine whether to accept or reject the settlement.  Urban said if the court accepts the settlement, he plans to appeal to the West Virginia Supreme Court, then if necessary the U.S. Supreme Court.