New Settlement in 9/11 Injury Lawsuit
Lawyers will only get 178 million instead of somewhere between 189 to 216 million. JUSTICE IS DONE!
From the NYT:
June 10, 2010
New Ground Zero Deal Gives Plaintiffs $712.5 Million
By A. G. SULZBERGER and MIREYA NAVARRO
Lawyers for the city and some 10,000 rescue and cleanup workers at ground zero said Thursday that they had negotiated a new settlement that would give the workers more compensation for health damages and reduce the fees paid to their lawyers.
A federal judge rejected an earlier settlement in March as inadequate. After nearly three months of renegotiations, the city’s insurer, the WTC Captive Insurance Company, has agreed to increase its payout to plaintiffs to $712.5 million. The previous terms called for payouts of $575 million to $657.5 million.
The workers sued the city and its contractors six years ago over respiratory illnesses and other injuries they say they suffered at the World Trade Center site in the 9/11 recue and cleanup effort, arguing that they were not given protective equipment or adequate supervision.
On March 12, lawyers for the city and the plaintiffs reported that they had reached a settlement after arduous negotiations. But a week later, the judge overseeing the case, Alvin K. Hellerstein of United States District Court in Manhattan, startled both sides by spurning it.
He said the workers were getting too little, the terms were poorly understood by the plaintiffs, and the lawyers were receiving too big a cut. Under the new accord, the plaintiffs’ lawyers have agreed to reduce their fees to a maximum of 25 percent of the settlement amount, down from the 33.33 percent called for in agreements their clients had signed. As a result, the plaintiffs will get to keep an additional $50 million, their lawyers said.
Judge Hellerstein welcomed the new settlement in a hearing on Thursday morning. “This is a very good deal — I am very excited by this deal,” he said.
He acknowledged that his intervention in the class action settlement had been unusual but said that the gravity of the claims demanded it. “It just begs for judicial supervision, and I have exercised it, and I will continue to exercise it,” he said.
In March the city filed papers with the United States Court of Appeals for the Second Circuit to challenge Judge Hellerstein’s authority to block the settlement. But at the same time, its lawyers have sought to accommodate him to salvage the agreement.
The new settlement must be approved by 95 percent of the plaintiffs by Sept. 30 to take effect. At the hearing on Thursday, the judge urged the workers to accept it. “It is time to end this lawsuit,” he said.
Once approved, he said, the payments could start flowing to the plaintiffs within weeks.
Kenneth R. Feinberg, the former special master of the federal compensation fund that paid awards to families of 9/11 victims in a separate process, said, “This settlement brings to an end one of the final chapters of the 9/11 tragedy.”
He said he would visit fire houses and conduct town hall meetings to explain the new settlement to the workers.
Paul Napoli, a lawyer representing thousands of the firefighters, said the new deal “can be described in three words: bigger and better.”
Judge Hellerstein scheduled another hearing for June 23 at which plaintiffs can pose questions and voice concerns about the settlement terms.
- gretavo's blog
- Login to post comments
Lawyers fear losing their $178million from 9/11 Ambulance Chase
Conflict seen between 2 deals for 9/11 responders
By DAVID B. CARUSO (AP) – 3 hours ago
NEW YORK — Thousands of 9/11 rescue and recovery workers suing New York City over their exposure to clouds of pulverized glass and cement at the World Trade Center site may have a tough choice between two deals in the weeks ahead.
Do they take a share of a new settlement worth up to $713 million, or hold out for a second, potentially more lucrative option — a federal bill that could pay billions to people who die or become disabled because of illnesses caused by trade center ash?
That decision could be a difficult one for responders like former police officer Glen Klein, one of more than 10,000 cops, firefighters and construction workers with pending lawsuits.
"It is incredibly unfair to put people in this position," said Klein, who developed asthma and other health problems after working long hours in the rubble. "It's amazing, really, that it's even come to this, almost a decade after 9/11."
Lawyers who crafted the legal pact approved on Thursday urged plaintiffs to take the deal and not pin their hopes on a federal bill.
U.S. District Judge Alvin Hellerstein, who endorsed the settlement, exhorted responders not to reject the settlement because of something Congress might or might not do.
"There is no better deal. This is the deal on the table," he said. "People can think, maybe Congress will do something. It's possible. But the old saw applies: The bird in the hand is better than two in the bush."
The two efforts to compensate sick ground zero workers are on a collision course because of a rule intended to prevent double dipping — getting paid twice by the government for the same injury.
Congress is poised to consider legislation this summer that would reopen the 9/11 victim compensation fund and pay up to $8.2 billion to people whose health has been ruined by environmental damage caused by the attacks.
The bill, however, contains a tough restriction: It bars anyone from receiving a payment if they previously successfully had sued the city over their health.
Several lawyers involved in the case called on lawmakers to eliminate the potential conflict by changing the bill.
Marc Bern, a senior partner in the law firm representing most plaintiffs, said lawmakers could simply reduce any federal award by whatever amount a responder already had received in the settlement.
"Don't make the first responders gamble with a choice that is not a choice," said Nicholas Papain, whose firm represents about 640 firefighters. "I ask them to fix it, now that this settlement is real."
U.S. Rep. Carolyn Maloney, a leading sponsor of the bill, said Congress will not support a measure that allows responders to participate in both programs. Maloney, D-N.Y., said the changes suggested by the lawyers "would put the bill in serious jeopardy.
"Regretfully, it would be unprecedented to allow those who settle a case to go back and seek additional compensation for the same case," she said in an e-mail to The Associated Press. "Those deciding whether or not to agree to the revised settlement announced today should do so on the merits of the settlement itself and not on the promise of change to the legislation."
She added that the bill's supporters hope to have a decision in Congress by the anniversary of the Sept. 11, 2001, attacks, which would give responders just enough time to decide which program was best for them.
The deadline to join the settlement is Sept. 30.
After years of inaction, a key House committee signed off on the measure last month, clearing the way for it to move to the House floor. But its success remains in doubt, in part because of its enormous cost. The proposal has yet to budge in the Senate.
The legal settlement faces a big hurdle, too. For it to take effect, 95 percent of the responders must opt in. If fewer than that say yes, the deal dies.
Kenneth Feinberg, the former special master of the federal 9/11 victim compensation fund, has urged Congress for years to reopen the program to cover people with new health ailments, but on Thursday he was among those urging people to accept the settlement now.
"What is the alternative? To wait? You're waiting for Godot. You've waited enough," he said.
Under the legal deal, individual payments are to be based on the severity of each person's illness, and the likelihood that it might have been cased by trade center dust.
Payments would range from a minimum of $3,250, for people who aren't sick but worry they could fall ill in the future, to as much as $1.5 million to people who have died. Nonsmokers disabled by severe asthma might get between $800,000 and $1 million.
Feinberg has been appointed to hear appeals of any awards responders believe are too low.
It is unclear whether the federal program would offer more. It contains far more money for claims but could also cover thousands more people who never joined the lawsuits.
The House bill would also authorize up to $5.1 billion to cover the future medical treatment of 9/11 responders. That part of the legislation would be open to all, regardless of whether they participate in the legal settlement.
Copyright © 2010 The Associated Press. All rights reserved.
it's amazing...
that thousands of victims are fighting over a pot that will never equal what one man, Silverstein, cashed in from 9/11...
Fuck lawyers. And, fuck
Fuck lawyers. And, fuck Larry Silverstein, too.
WTC Settlement
It has been nearly nine years since the devastating terrorist attacks on September 11, 2001 and seven years since these workers and their lawyers began the fight for compensation for the injuries they suffered while performing their duties at the site of Ground Zero.
While prepared to take the first of the cases to trial, lawyers for the workers and the WTC Captive Insurance Company, the insurer for the City of New York and its contractors for the WTC debris removal, have negotiated a settlement worth between $625 million and $712.5 million. If approved, the settlement would put an end to years of complex litigation, provide closure to a city and nation torn apart by this issue and bring a measure of comfort and financial stability to the plaintiffs and their families.
Judge Alvin Hellerstein calls the World Trade Center settlement for injured emergency responders and workers, “A very good deal.”
In a statement, Judge Hellerstein encouraged the plaintiffs to ask themselves some questions before deciding to accept the settlement. Questions such as, is this a good deal for me? Will I be getting a fair amount of money for this? Is it worth it for me to keep going in this lawsuit and risk going to trial and being subjected to all these motions and countless additional expenses and time and effort through the appeals process, the trial process and beyond?
He told them not to wait expecting a better deal. “There is no better deal. There is no better deal than this deal. This is the deal on the table. This is the deal that people have to consider. This is the deal that people have to decide whether to accept or reject, and there is no deal unless 95 percent of the people say yes,” he said.
Some people are wondering if they should wait to see if Congress passes a bill to benefit the workers. To that Judge Hellerstein said, “It's possible, but the old saw applies, a bird in the hand is worth two in the bush.”
Settlment
If you will receive anything above 400 thousand except it . But for the rest will it make a difference in your life ? . That was a trick question , probably not so why would anybody in there right mind give up the right to sue in the future .Tom one of the its not going to change my life or my family
WTC Settlement
Lawyers for the WTC responders and workers who suffered serious and sometimes fatal illnesses from their exposure to dust from the 9/11 terrorist attacks have negotiated a settlement that could bring the lawsuits against the City of New York and its contractors to an end.
Under the terms of the settlement, WTC Captive Insurance Company, the insurer for the City of New York and its 140 contractors for Ground Zero rescue and debris removal services, will pay at least $625 million. At least 95% of eligible plaintiffs must agree to the settlement for it to move forward. For every 1% of plaintiffs over the 95%, WTC Captive will contribute another 12.5 million. WTC Captive will pay up to an additional $25 million if settlements for lawsuits outside of this settlement are below a certain cap. Plaintiffs suffering from exposure to the dust on the barges and nearby piers associated with the WTC cleanup are eligible for additional monies through WTC Capitve’s insurance “Marine Policies.”
The City of New York and its WTC workers’ compensation insurer will waive all liens, meaning those workers who received workers’ comp benefits will not have to repay them and the settlement will not reduce or eliminate their future workers’ comp benefits.
Plaintiffs would receive compensation depending upon their level of injury, ranging from $3,250 to over $1 million. All would be entered into The Cancer Insurance Policy, which would pay up to $100,000 to those later diagnosed with certain types of cancer.
All plaintiffs would remain eligible for medical screening and care provided by the City of New York through the WTC Centers for Excellence.
“This is a fair settlement of a difficult and complex case that will allow first responders and workers to be fairly compensated for injuries suffered following their work at Ground Zero,” said Mayor Michael R. Bloomberg. “In addition to the settlement payments, we will continue our commitment to treatment and monitoring of those who were present at Ground Zero, and we will work with the New York congressional delegation and responder and other groups to seek passage of the James Zadroga 9/11 Health Act.
If less than the required 95% of plaintiffs agree to the settlement it destroys the entire settlement, which leaves each plaintiff to pursue their individual claims in court.
lawyers and the judge trying to strong arm the litigants in WTC
On 09/11/2001 I was working at the Long Island Jewish Hospital as a Union Shop Steward for Local 79. Soon after the second plane attacked the WTC I on my own free will, left my job at the Long island Jewish Hospital and headed straight for the WTC. When I got to the site, what I saw through the dense smoke totally devastated me, the scene seemed surreal, there was a mountain of twisted steel and a lot of smoke,and people walking around covered in dust.
I and a group of other construction workers, firemen, and policemen immediately started removing debris as best as we could by hand. I stayed until after night fall.
I returned to the site the following three days, and even assisted a couple of civilians that wanted to volunteer, with equipment and entry into the site. I did not go back to the WTC site after Friday 14, 2001 because of what I witnessed.
For four days, other construction workers, law enforcement personnel, firemen, and other volunteers like me labored with our hands using long lines of bucket brigades to remove debris while searching for survivors. The only machinery on site for those four days was a front loader that was used to load the trucks. We had a lot of trucks, but only that one front loader. I get to the site in the early morning on Friday, 09/14/2001, and lo and behold, there were brand spanking new cranes, excavators, front loaders, generators, all sorts of new equipment all over the place.
I said to a fellow standing next to me "about time they brought equipment to assist, now it will be a lot easier to find any survivors". The fellow stated," Yeah, three f....ng days too late". At near midday, I found out why all the new equipment was brought in, it was because the president and a bunch of other politicos were coming to the site, not necessarily to help with search and rescue. I left the site and never went back.
Now my concern is that with the case near completion, it is strange that after all the drama back and forth between judge and lawyers, now they are both on the same side. The judge and lawyers have set up two town meetings, one on August 3rd at the Queens Supreme Court to explain to litigants why they should accept the litigation results and to instill fears of retribution be stating that any litigants that refuse the settlement "As Is" and decides to litigate on their own, have no chance of legal regress. That all lawsuits brought in independently will not be heard in any court of law, that chances of winning the lottery are better than winning a case, etc., etc. They keep stressing this same mantra over and over again. It seems like they are trying to strongarm litigants into accepting the settlement package they are offering. To me, it just has a funny smell....
What gives? what is really going on behind close doors with the judge and lawyers?
I suffer and use medication prescription for Chronic Bronchitis, Acid Reflux, sinus condition, I am diagnosed with PTSD among other maladies, all because of my volunteering activities at the WTC right after the attack. I can actually claim volunteer status, i did not get paid nor sought payment for my activities at the site.
The settlement offered to me is a real insult. I feel victimized once again as I felt during the attack and on that first day at the site. This time by our legal system and legal counsel. There ought to be a law against that type of abuse.
I live in Virginia and can not attend these Town Hall Meetings sponsored by the lawyers and conducted by the judge in the litigation case. Can you please inform on the going ons at this meetings.
Is there some sort of web site, blog or email list strictly for WTC volunteers. I would like to share my experiences and hear from others in my situation.
Respectfully
[sorry we prefer that anonymous posts not be attributed]
911 lawsuit
I wondered when our HEROES in NYC would show their TRUE colors. Typical New York people--always trying to SCREW the system. Having lived there myself many years ago, I would say these people were all motivated by GREED. The next time you see a fireman or a policeman, try not to spit on them! On second thought----