More want to join 9/11 suit
Date Published: September 5th, 2010
By BRUCE GOLDING of the New York Post
Click here for New York Post article.
A dozen sickened Ground Zero workers — including several out-of-state firefighters — are asking a judge to let them join a pending $712.5 million settlement with the city.
The claimants say in court papers that they missed an April 12 eligibility deadline because they didn’t know the deal was being discussed.
“Being in Chicago, I never saw anything about it and we don’t read the New York papers here,” wrote retired firefighter Arthur Noonan, who spent a week in the rubble of the World Trade Center and was diagnosed with leukemia in 2004.
Other claimants who helped out after the Sept. 11 terror attacks are from California, Florida and North Carolina, said their lawyer, Jay Breakstone.
(Jay Breakstone, with the law firm Parker Waichman Alonso LLP, is involved with 12 cases of ground zero workers rescue and recovery workers excluded from the settlement.)
Excerpt posted on NewsInferno Friday, September 3rd, 2010
Ground Zero Rescue and Recovery Workers Excluded from Settlement
Many argue that this group—12 cases—should be given the option to be part of the ongoing settlement process since their cases were known to defendant parties at the time the cut-off date was being decided. Clearly, advance notice of the date should have been given, but was not. It’s also possible that there are potentially more individuals who would otherwise be qualified for this settlement agreement except for the date they filed.
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Ground Zero Rescue and Recovery Workers Excluded from Settlement
Date Published: Friday, September 3rd, 2010
Published in NewsInferno.com
Click here for NewsInferno article.
Are our World Trade Center (WTC) heroes being unfairly excluded from the ongoing settlement process to settle lawsuits over exposure to the toxic dust that covered the WTC following the 9/11 attacks? Some Ground Zero rescue and recovery workers are being rejected over a technicality.
It seems that there are a number of individuals who would otherwise be qualified to take part in the settlement process but who are being excluded based on an arbitrary date that wasn’t announced until two months after it had expired. The early April deadline was not announced until June, exempting some who were impacted by rescue and recovery activities and who had filed cases as negotiations for the cut-off were ongoing.
The April 12 claimant eligibility cut-off date was announced on June 10, 2010.
During the time when workers filed claims—on April 27—and until June 10, some key people involved in the negotiations were fully aware that claims had come in, including the City of New York, the settlement steering committee, and a number of defendants. And, although there was knowledge that those who worked at the WTC site were filing claims, neither they nor any involved parties on the plaintiff side were made aware that an arbitrary cut-off date was in the works. Meanwhile, these potential claimants had come forward out of concern that illnesses that occurred in the years since the tragedy, and that could occur in future years, could leave their families destitute.
Many argue that this group—12 cases—should be given the option to be part of the ongoing settlement process since their cases were known to defendant parties at the time the cut-off date was being decided. Clearly, advance notice of the date should have been given, but was not. It’s also possible that there are potentially more individuals who would otherwise be qualified for this settlement agreement except for the date they filed.
Matthew McCauley, an attorney with the law firm Parker Waichman Alonso LLP, which represents the 12 excluded cases says that, “Parker Waichman Alonso’s number one goal is to ensure all injured World Trade Center rescue and recovery workers be given the option to be included in this settlement agreement. These victims should not be excluded based on an arbitrary date when they present with injuries directly attributable to their work at the World Trade Center.”
There also exists a different set of requirements for workers who filed after April 12. Consider this: Workers involved in cleanup efforts for a minimum of 56 hours and who filed within the first two years receive broad acceptance that their illnesses or potential illnesses were and are a result of exposure to potentially toxic dust that covered Ground Zero; this group will also receive a variety of incentives, including eligibility for a cancer policy under certain circumstances. Persons filing after April 12, in addition to being excluded from the settlement, must also provide medical proof of injury.
U.S. District Judge Alvin Hellerstein, who signed the order approving the settlement of over $700 million, said in June that although the deal is “far from perfect … it’s the best we could do” it’s “a very good deal,” adding that, once approved, claimants will be “assured of a fair deal that puts money in their hand fast.” Sadly, many deserving rescue and recovery workers are not being given the opportunity to even consider this deal because a back-room decision was made excluding them during the very time they were filing.
The claimants who were left out of the settlement that was approved by the Court worked side-by-side with other first responders at the World Trade Center site. They came from out-of-state places like Chicago and Akron, and from right over the bridge, in Queens. No effort was made to alert anyone of the pending litigation, let alone of a possible settlement. Worse, they were told that in order to participate, they had to file by April 12, 2010.
That is, until the June 10th public announcement, when it was already too late. These men and women can’t understand why no one bothered to tell them. After all, there didn’t seem to be a problem notifying them that they were needed on September 11, 2001.
They stories they tell are too harrowing to believe, bringing to mind the darkest days following the Twin Towers’ collapse. These first responders don’t share those experiences easily, becoming very quiet when asked where they were and what they did. They only ask that they be given the same opportunity as those with whom they served, and then, not even for themselves, but for their families.
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Judge Approves Renegotiated World Trade Center Rescue Worker Settlement
Judge Approves Renegotiated World Trade Center Rescue Worker Settlement
A newly negotiated settlement in thousands of World Trade Center emergency responder lawsuits has been given preliminary approval by U.S. District Judge Alvin Hellerstein. The $712.5 million proposal, which the judge characterized as "very, very good," must still be approved by 95 percent of plaintiffs.
Since 2003, upwards of 10,000 firefighters, police officers, construction workers and emergency responders have filed lawsuits against 90 defendants over illnesses they say were caused by exposure to toxic dust at Ground Zero following the 9/11 terrorist attacks. Defendants to the suits include New York City, the Port Authority of New York and New Jersey, and various construction companies.
A $657.5 million settlement announced in March 2010 was rejected by Judger Hellerstein because of issues involving legal fees and transparency.
Like that original settlement, the renegotiated deal calls for sickened workers to be paid by the WTC Captive Insurance Company, an entity created with a $1 billion federal grant that provides insurance coverage to the City of New York and its debris-removal contractors. Under the new proposal, attorneys for victims agreed to reduce their fees from 33 percent to 25 percent of the settlement, and WTC Captive has agreed to add a minimum of $55 million, and possibly more, to the pot for victim compensation.
The deal allows for larger individual payouts and people receiving workers' compensation for their injuries will now continue to receive assistance. The new accord also creates eligibility criteria for the purpose of compensating workers who claim disease and injuries, such as asthma and terminal cancer. In addition, every claimant will also receive a cancer-insurance policy through MetLife with a $100,000 benefit at no cost.
According to WTC Captive, plaintiffs who suffer from debilitating respiratory diseases are eligible to receive from $800,000 to $1.05 million, while death benefits could be as high as $1.5 million. Plaintiffs claiming fear of becoming ill, but who do not present with an injury that qualifies under the new accord, will receive $3,250.
Plaintiffs have 90 days to decide if they want to accept the settlement. Judge Hellerstein has scheduled a public hearing for June 23 in which claimants and their attorneys can present objections.
Do you suffer from a WTC related condition?
When disaster struck on September 11, 2001, brave emergency workers rushed to Ground Zero to help in anyway they could. Following 9/11, it is estimated that as many as 50,000 at Ground Zero wore little or no protective gear. Now these same workers who risked their lives to save others are plagued by chronic health problems and are not receiving the treatment and support they deserve. Many sick patients have been denied compensation because they cannot prove they were at Ground Zero or that their illnesses were the direct result of Ground Zero exposure.
Many workers have developed health problems that have caused them to stop working, causing them not only to lose their salaries but also their health insurance. These heroes are suffering because they can no longer afford medication and treatment. But as the debate continues, the number of illnesses and deaths increases. Emergency workers have experienced a wide array of medical problems including a persistent cough, now labeled "World trade center cough" and black lung disease.
The administrator of the Environmental Protection Agency at the time, Christie Whitman, assured New Yorkers their air was "safe to breathe". Several groups have since filed class action lawsuits against her and her agency, and a federal judge called her statements "conscience-shocking." Even the EPA's own inspector general has criticized the agency's handling of the crisis. A 2003 report found that on the basis of early tests for asbestos, which had been reassuring, the EPA made misleading pronouncements about air quality. And the White House, the report said, removed cautionary language from the agency's press releases.
A further study by the US general accounting office in 2004 found that the federal government had taken no comprehensive actions to study the health effects of 9/11 pollution and "the full health impact of the attack is unknown". This is what concerns doctors the most. Dr. Moline, who is running a screening program for these workers at Mt. Sinai Hospital in New York, said that “diseases could take years to develop.” Her concerns start with cancer, but extend to potential effects on the heart and a variety of lung and respiratory problems. She advises screening exposed workers every 18 months for at least 20 years.
Legal Help for WTC Emergency Workers
If you or a loved one worked at Ground Zero after the 9/11 tragedy and developed any medical conditions that you believe are related to your work, please contact Parker Waichman Alonso LLP today to receive a FREE legal consultation about your case. We will fight for your rights to fair compensation for your injuries, pain and suffering. Fill out the form on this page or call 1-800-LAW-INFO (1-800-529-4636).