Deal for sick 9/11 responders back in NYC court
The settlement would pay $625 million to $712.5 million, depending on how many people take the deal
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By Tom Hays
The Associated Press
NEW YORK — Lawyers for thousands of 9/11 responders went to court Wednesday to rally support for a deal that would end a seven-year legal battle over the toxic fallout produced by the collapse of the World Trade Center.
"There is no question in my mind that this settlement is substantial, fairly administered and good for all plaintiffs," plaintiff attorney Paul Napoli said at what's being called a "fairness hearing" in a packed federal courtroom in Manhattan.
Kenneth Feinberg, who oversaw payouts to victims of the Sept. 11 attacks and was appointed to review appeals under the terms of the settlement, also urged the plaintiffs to approve the massive settlement.
"To me it is a simple choice," said Feinberg, speaking on a closed-circuit feed from Washington. "You have waited long enough."
Anyone who opts out in hopes that Congress will pass compensation legislation, he added, would be "making a mistake."
U.S. District Judge Alvin Hellerstein gave his preliminary approval June 10 to a deal that would resolve lawsuits filed by nearly 10,000 police officers, firefighters and construction workers suing the city over their exposure to toxic ash.
The judge was expected to hear testimony of individual plaintiffs later in the day. Opponents of the deal may also be given a chance to speak, although Hellerstein has already indicated that he favors the settlement.
The settlement would pay $625 million to $712.5 million, depending on how many people take the deal.
About half the people covered by the settlement are suffering from minor health ailments, or aren't ill at all but have joined the lawsuit because they worry about getting sick in the future. They would qualify for payments of $3,250 to $11,000.
The bulk of the award would go to people with illnesses including severe asthma, interstitial lung disease and certain types of cancer. About 25 percent of the total pot will go to cover legal fees.
The exact amount each person receives will be based on the severity of their illness, time spent at ground zero, age, prior health history and other factors, including the likelihood a person's sickness could be linked to the dust.
A person with asthma, for example, could get anywhere from $12,000 to $781,000, depending on the circumstances.
Lawyers on both sides of the deal are now trying to build support among the plaintiffs. Under the settlement terms, 95 percent of all eligible plaintiffs must accept the money offer for it to take effect. That means that if as few as 600 people say no, the deal dies.
Wednesday's "fairness hearing" is a step commonly required in large class action lawsuits to ensure that a settlement doesn't shortchange anyone or give great benefits to a few plaintiffs at the expense of others.
This particular fairness hearing is an unusual one, for two reasons. First, the litigation is not classified as a class action, meaning there is no legal necessity for the hearing to take place. In fact, lawyers for the city and its contractors filed an objection to the proceeding, saying Hellerstein was exceeding his authority by getting involved.
Second, Hellerstein has already indicated his enthusiastic support for the settlement, making it likely that Wednesday's court session will be something of a cheering session for the deal, rather than an opportunity for critics to argue for it to be changed or thrown out.
In another unusual move, the judge this month appointed a legal ethics expert, Hofstra University law professor Roy Simon, to monitor communications between the 10,000 plaintiffs covered by the settlement and their lawyers.
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