#8 Ken Feinberg and the Impossible Task of Valuing Life in the Wake of Tragedy

On this episode of Curveball, host Scott Reich sits down with Ken Feinberg, the man behind some of the most emotionally-charged and high-stakes victim compensation decisions in American history. From mediating the Agent Orange settlement, to administering funds for the victims of 9/11, Sandy Hook, the BP oil spill, and the Boston Marathon bombing, Ken has navigated the immense challenge of putting financial value on unimaginable loss. Together, they explore Ken’s unlikely journey from aspiring actor in blue-collar Brockton, Massachusetts, to becoming a trusted arbiter in moments of national tragedy. The conversation dives deep into the impossible decisions Ken has faced, the lessons he’s learned about fairness and empathy, and the personal toll these curveballs have taken—not only on him, but on the very fabric of American society. It's a raw, moving look at what it means to be fair in the aftermath of tragedy, and how one person’s adaptability and commitment to public service can help shape a nation’s recovery.

What Listeners Will Learn:

• Ken Feinberg describes being appointed to mediate the Agent Orange case as a major "curveball" that changed his entire professional path. 
• Ken shares his struggle with the emotional toll of meeting with 9/11 victims' families, conducting 950 hearings. 
• He mentions making mistakes during the administration of the 9/11 Victim Compensation Fund, especially in how he showed empathy. 
• The episode explores the tension between fairness and practicality when distributing compensation—balancing the needs of victims’ families from diverse backgrounds. 
• Ken discusses how Congress designed the 9/11 fund to incentivize victims not to sue, leading to disparities in compensation. 
• Both Scott Reich and Ken Feinberg reflect on how unpredictable events—curveballs—force us to adapt. 
• The episode touches on the role of faith and belief systems when dealing with tragedy. 
• Ken underlines the importance of objectivity, yet admits the emotional impact is unavoidable. 
• Public service is a recurring theme. 
• Reflecting on the personal cost of his work—especially the absence from family—Ken credits his loved ones for their support. 

Our Guest:

Ken Feinberg

Key Moments:

(04:17) Agent Orange Mediation Appointment

(08:17) Reapplying Skills to Transform Careers

(12:10) Historic Deployment of Public Capital in the Wake of 9/11

(14:39) Valuing Lives: Balancing Compensation Inequality

(20:31) Unequal Victim Compensation Critique

(24:03) The Weight of Unintended Insensitivity

(25:09) Perceptions of Faith Amid Tragedy

(31:45) Embracing Present Over Future Plans

(33:24) Navigating Emotional Aftermath

(38:55) Shared Affinity for JFK’s Legacy