“The current pace of trials would be unjust for all parties involved,” Judge Rogers stated, citing the need for efficiency and timely resolution. Monsanto has consistently opposed consolidation, arguing that jurors would struggle to determine whether PCBs caused each plaintiff’s health issues, given the complexity of the medical histories involved.
However, Judge Rogers pointed to the results of the previous trials as evidence that jurors have been able to evaluate the claims individually, despite the multi-plaintiff format. These past verdicts have included a mistrial in 2022 and a partial mistrial in 2023 due to a deadlocked jury. He noted that safeguards, such as interrogatory verdict forms and post-trial motions, could address any due process concerns.
The judge also highlighted the commonality of the cases, including similar witnesses, expert testimony on exposure, and consistent evidence regarding the history and testing of PCBs. The central issue in all the lawsuits is whether Monsanto adequately communicated the health risks of PCBs over the years.
