A settlement of up to $657.5 million has been reached in the cases of thousands of rescue and cleanup workers at ground zero who sued the city over damage to their health, according to city officials and lawyers for the plaintiffs.
They said that the settlement would compensate about 10,000 plaintiffs according to the severity of their illnesses and the level of their exposure to contaminants at the World Trade Center site.
Lawyers from both sides met on Thursday to discuss the terms of the settlement with Judge Alvin K. Hellerstein of the United States District Court for the Southern District of New York.
Payouts to the plaintiffs would come out of a federally financed insurance company with funds of about $1.1 billion that insures the city. At least 95 percent of the plaintiffs must accept its terms for it to take effect. If 100 percent of the plaintiffs agree to the terms, the total settlement would be $657.5 million. But if only the required 95 percent agreed, the total would shrink to $575 million.
Lawyers for the plaintiffs estimated that individual settlement amounts would vary from thousands of dollars to more than $1 million for the most serious injuries.
The settlement, which took two years to negotiate, raises the prospect of an end to years of complex and politically charged litigation that has pitted angry victims against city officials, who questioned the validity of some claims and argued that the city should be immune from liability.
“This is a good settlement,” said Marc Bern, a lawyer with a firm that represents more than 9,000 plaintiffs, “and we are gratified that these heroic men and women who performed their duties without consideration of the health implications will finally receive just compensation for their pain and suffering, lost wages, medical and other expenses, as the U.S. Congress intended when it appropriated this money.”
In a statement, Mayor Michael R. Bloomberg called the settlement “a fair and reasonable resolution to a complex set of circumstances.”
Under the settlement, a claims administrator, who will be chosen by the lawyers in the case, would decide whether a given plaintiff had a valid claim, whether the plaintiff qualified for compensation and if so, for how much. The system is similar to the one used for payouts from the Sept. 11 Victim Compensation Fund to families of those killed in the terrorist attacks. The process is meant to screen out fraudulent claims.
Since 2003, thousands of firefighters, police officers, construction workers and emergency responders have filed lawsuits against 90 defendants — including the city and the private companies it hired to remove debris at ground zero — over illnesses they say developed after they spent days, weeks or months working at the World Trade Center site after the attacks.
The plaintiffs claimed that their conditions — most commonly asthma and other respiratory illnesses — resulted from the toxic brew of contaminants at ground zero and the defendants’ failure to adequately supervise and protect them with safety equipment, like respirators. Among the first cases chosen for trial was that of a firefighter, Raymond W. Hauber, 47, who died of esophageal cancer in 2007 before his case could be heard.
Some of the cases that fall under the settlement involve plaintiffs who are not ill now, but fear they will develop illnesses like cancer that can take years to manifest themselves. The settlement provides for a $23.4 million insurance policy to cover future claims by such plaintiffs.
The first 12 cases were scheduled to come to trial on May 16 in Manhattan, and those trials will now not take place. But under the settlement, plaintiffs have 90 days to opt out of the settlement and pursue trials.
Lawyers for the plaintiffs would collect a third of the settlement amounts in legal fees. The insurance company, known as W.T.C. Captive Insurance and financed by the Federal Emergency Management Agency, has already paid out more than $200 million in legal fees to defend the city and its contractors and in administrative costs.
To determine individual settlement amounts, the administrator will use a point system to determine the severity of a plaintiff’s illness, as documented by medical history. Other factors that will be considered include evidence of a link to ground zero and adjustments for age, pre-existing conditions, time of diagnosis and smoking history. The process could take up to a year.
Mindful of the intense public interest in the cases, Judge Hellerstein has told lawyers on both sides that he planned to review each settlement and hold “fairness” hearings to determine whether the settlements were reasonable, which legal experts said was unusual for litigation not involving a class action.
“Many of them are similar, but in fundamental aspects they have an individual plaintiff — they all revolve around one person,” Judge Hellerstein told the lawyers at a Jan. 21 hearing. “I’ll be looking carefully, if there is a settlement, at how individual members are treated.”
The city argued that it was immune from damages in cases involving a national emergency or a civil defense disaster. It also questioned the connection between the illnesses and ground zero and cast doubt on many of the claims, for example, arguing in the case of a ConEd mechanic, which was also to be among the first trials, that the man’s lung problems predated 9/11.
“If this settlement allows me to move on in my life, if it allows me to protect my family’s future, I guess I don’t have anything else to fight about,” said one plaintiff, Kenny Specht, 41, a retired firefighter.
But Mr. Specht, who has thyroid cancer and founded a group to help fellow firefighters financially, said the outcome was hardly a victory.
“Why did families who had to bury somebody have to wait this long?” he said. “Why didn’t they handle this in a timely manner?”


more on new victims' settlement
March 12, 2010
Hurdles Still Remain for Ground Zero Settlement
By MIREYA NAVARRO
Sgt. Dawn Sorrento says she looks on the years since the Sept. 11 terrorist attacks as a blur of doctor’s visits, ambushes by illnesses she had never heard of and growing resentment toward the city that challenged her injury claims.
Yet on Friday, Sergeant Sorrento, a police officer who is among some 10,000 rescue and cleanup workers at ground zero who sued the city for health damages, felt a grim sort of satisfaction. She had expected her case to be among the first to go to trial this spring; instead, both sides announced a legal settlement of up to $657.5 million Thursday night.
“It’s nice that someone took responsibility, finally,” said Sergeant Sorrento, 43, who helped coordinate the movement of cranes, dignitaries and cadaver-hunting dogs in and out of ground zero in September 2001. “The city finally acknowledges that 9/11 diseases do exist and that people are suffering.”
Officials cast the settlement as righting a historic wrong on Friday and predicted that it would assure speedy and just compensation to the workers, who have waited more than six years for a legal resolution. But significant hurdles remain.
Judge Alvin K. Hellerstein, of the United States District Court in Manhattan, has made clear that he intends to play a role in assuring that individuals are compensated fairly.
At a hearing on Friday, Judge Hellerstein said he would take a week to review the terms of the agreement and convene again next Friday to give his “initial impressions” and to hear from interested parties, including plaintiffs.
He also scheduled a formal “fairness hearing” on the agreement for April 12.
Lawyers from both sides have said that the settlement does not require the judge’s approval. But Judge Hellerstein warned them in January that in the event of a settlement, he would hold hearings to determine whether the settlement treated individual 9/11 workers fairly.
On Friday he also cautioned them that he planned to review the fees going to the plaintiffs’ lawyers and would reserve the right to reduce them as he has done in some other cases, to as low as 15 percent.
This means the lawyers, who stood to collect a third of the settlement under agreements with their clients, could see their anticipated rewards more than halved.
Initial reactions among the thousands of 9/11 workers have so far been mixed, and some will not venture an opinion until they learn more details. A fuller picture of the range of sentiments is likely to surface when plaintiffs turn out to address Judge Hellerstein at the hearing next week.
Still, lawyers for the plaintiffs said they were confident that the 95 percent consent threshold the agreement requires would be met and emphasized that most of the clients they had heard from were expressing relief.
“We’ve had numerous calls and by far the calls are very, very positive,” said Marc Jay Bern of Napoli Bern Ripka, the law firm representing more than 9,400 of the plaintiffs. “The clients are quite relieved that there’s an end in sight.”
But John Feal, an advocate for 9/11 workers through his FealGood Foundation, said he had been inundated with e-mail and phone calls from angry plaintiffs fretting about their potential individual compensation as word of the settlement spread Thursday night.
“A lot of people still want to see all the facts before signing on,” he said.
In a telephone conference with reporters Friday morning, the city’s corporation counsel, Michael A. Cardozo, said city officials were “delighted” that the legal battle that pitted the “heroes” of the recovery effort against the city could soon be over.
“We believe strongly that this settlement is fair not only to the city and its contractors but to the plaintiffs,” he said.
On the same call, Kenneth R. Feinberg, the former special master of the federal compensation fund that paid awards to families of 9/11 victims in a system similar to what the settlement for the workers now calls for, called the settlement “long overdue.”
He noted that the only reason many of the workers had not been compensated under the Sept. 11 Victim Compensation Fund was because they had not fallen ill by the time the fund closed in 2003.
Christine LaSala, chief of the WTC Captive Insurance Company, the city insurer that will pay the settlement out of a federally-financed $1.1 billion fund, said a tort management firm has already been chosen to handle the claims. The administrator responsible for evaluating the cases and deciding the awards will be appointed within a few weeks, she added.
Ms. LaSala said that once the settlement is final, the first claimants will start receiving payouts within months and the entire process could be completed within a year. Each plaintiff must submit proof of medical history and presence at ground zero to guard against fraud.
Under the point system envisioned to determine severity of illness, a serious condition such as pulmonary fibrosis or scarring of the lung could result in an award of more than $1 million, according to Mr. Bern, the plaintiffs’ lawyer.
Avelino Montalvo, 52, who said he worked as a volunteer for the American Red Cross at the World Trade Center site, said he would not accept the settlement in view of its size and the high number of plaintiffs. “A couple thousand dollars for all the years of pain and suffering, it’s just a drop in the bucket,” he said.
Mr. Montalvo said he is on disability now with an upper respiratory illness and takes 17 medications.
Many plaintiffs have said they are not only hobbled by illness but also haunted by the idea that they could become 9/11 casualties themselves.
“I’m sick that I even participated” in the recovery effort at ground zero, said Kenny Specht, 41, a firefighter who received a diagnosis of thyroid cancer in 2008. “It was a dangerous thing to do, but I thought it was the place to be.”
Sergeant Sorrento, who is single and lives on Staten Island, said she counts herself among the lucky ones even as she struggles with “reactive airway disease,” a condition similar to asthma involving a tendency to wheeze and cough from exposure to irritants.
Now a detective in Coney Island, she can still work full time. But when her symptoms worsen in severe heat or the winter cold, she said, her detectives have to pick up the slack.
“What happens 10 years from now?” she said.
Colin Moynihan contributed reporting.
9/11 victim
My name is [sorry, anonymous posts can't claim an identity -gReT]. I was exposed to 9/11 dust and the chemicals in the air. I was also out there helping whatever way I could. I am now illed with a respirtory problems. I have other illments related to 9/11. Unfortanaly I have not got proper help. Ive lost everything that I have and trying to start all over. I was granted a settlement back in 2003 not knowing in the future I would become ill. I am so disgusted with how I am being treated. Every door I go in seems to be no help. I have tried every way that I could. I am a residents of South Carolina and it is lots of things that I'm not aware thats going on. I need help.
Seeking atty for Ground Zero WC case
I am an injured worker from the WTC Ground Zero cleanup seeking a workers comp. atty. My case was established 12/2001.I have a current open claim and for reasons unknown to me, I cannot find any local atty to represent me,even with a recent offer of approx.250,000$ to settle.I can NOT find any local atty. I have to move my case out of my area. I will move anywhere if I have to.Something is going on unbeknownst to me.I worked approx. 1000 hrs there as an Ironworker.I just had my 9th back surgery,which seems to be inneffective. It was to fix a Boston Scientific Pain Blocker/Stimulator implant. I now have all 4 limbs going numb and left hand partially paralyzed,being said I need immediate surgery on L.elbow and wrist for ulnar nerve and carpal tunnel. It started as being numb, the way the other limbs behave. I never bumped it and am right handed. I was on Levaquin for a long period trying to get rid of a nasal sinus infection after 9/11(which never went away).I found out later my right eardrum was perforated and still causes the same problems today.That was never established as I haven't been represented and live in Oneida County, the most rural county in NY state. My back,rt. hand,rt. foot,lungs,nasal,PTSD and Hep.C have been established.I have been turned down by the 20th atty. this week. A fusion at L5-S1 was done in 2006. At that time, there was nothing left for discs but stringy fibers. I think nerve damage resulted from the delays for a surgery because the "fast track" laws awarded to injured workers from that event were revoked or not applied to my case,but my opinion doesn't help much. I don't understand anything that's happening to me and starting to realize how seriously I need legal support/guidance. If you choose to not represent me,will you please forward this letter to any/everyone who you might think could help.
ThankYou,
ArcticTsunami@me.com