Howard to return as W.T.C. Health Program director
– Downtown Express
(May 18, 2011) The community directly affected by 9/11 rejoiced when the James Zadroga Act was signed into law in early January. But the exact provisions of the bill are still far from being ironed out. Read more…
Overseer of 9 11 Health Fund Is Selected
Overseer of 9/11 Health Fund Is Chosen
Sadly, the New York Post has once again gone to press without bothering to check its facts about a story that affects literally thousands of heroic New Yorkers who were Ground Zero first responders and clean up workers. Writing about our client Edgar Galvis, Susan Edelman takes issue with the fact that Mr. Galvis did not receive a cash payment in hand from his settlement with Merrill Lynch. She fails to mention several salient points.
First, Mr. Galvis had a lien from his Workers Compensation Settlement in excess of forty thousand dollars. We negotiated a significant reduction in that lien, but were required under New York law to pay the remaining lien amount before remitting any money to Mr. Galvis. Second, contrary to the statement in the article that Mr. Galvis had not been provided a detailed explanation of the expenses deducted from his settlement, the fact is that he was provided a detailed line-by-line explanation that he reviewed and signed as acknowledgment as part ofhis settlement package. These expenses, moreover, were determined pursuant to court-ordered procedures and, as to his settlement with the City of New York and its Contractors, not yet paid, those expenses are also reviewed and approved by the Settlement Allocation Neutral pursuant to court-ordered procedures. Third, Mr. Galvis will receive a further, sizeable settlement worth tens of thousands of dollars from the City of New York that includes compensation for his cancer diagnosis which did not occur until after his settlement with Merrill Lynch was finalized.
Had Ms. Edelman contacted our firm during business hours or by a call to the personal phone numbers she has for several of our attorneys rather than waiting until 7:14 pm on a Friday night to send an email asking for comment before going to press, we might have had a reasonable chance of setting her straight on these points. But of course, facts have never been of particular interest to Ms. Edelman or the Post.
Very truly yours,
Paul J. Napoli
Senior Partner
William H. Groner
Senior Partner
Napoli Bern LLP
Toll Free: 877 WTC HERO
Phone: 212 267 3700