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  • World Trade Center Settlement Gets Backing Needed to Take Effect
    – New York Law Journal
    (November 22, 2010) Enough plaintiffs have accepted a massive settlement of claims alleging respiratory and other health problems from the post-9/11 response and cleanup at the World Trade Center site to seal the deal. Read more…

  • 10,563 Ground Zero 9/11 Workers Agree On $625 Million Settlement
    – Medical News Today
    (November 21, 2010) 10,563 ground zero workers who inhaled toxic dust and risked health consequences have agreed on a $625 settlement and ceased suing - the amount could go as high as $815 million.
    Read more…

  • 9/11 Health Deal Gets OK
    – The Wall Street Journal
    (November 20, 2010) More than 95% of Ground Zero workers agreed to accept a settlement of long-running litigation over respiratory diseases and other injuries suffered in recovery operations following the Sept. 11, 2001, terrorist attack.
    Read more…

  • Deal settles most lawsuits over WTC toxic dust
    – The Associated Press (AP)
    (November 19, 2010) A deal reached by New York City and workers exposed to toxic dust that blanketed ground zero after Sept. 11 will resolve an overwhelming majority of the lawsuits over the city's failure to provide protective equipment to the responders. Read more…

  • Ground Zero workers exposed to toxic dust take pay deal
    – BBC
    (November 19, 2010) Thousands of workers exposed to toxic dust after the 2001 terror attacks in New York have accepted a legal settlement and ceased litigation. Read more…

  • Lawyers: Sickened 9/11 Workers Reach Settlement Deal With City
    – NY1
    (November 19, 2010) By Friday, more than 10,000 people who became ill from working conditions at the World Trade Center site following the September 11th terrorist attacks had accepted a settlement deal with the city. Read more…

Press Release!

Attorneys And Court Confirm Success Of 9/11 Settlement

New York, New York, November 19, 2010, for immediate release: Attorneys representing the plaintiffs who were injured while working in the rescue, recovery and debris removal activities at the site of the World Trade Center following the 9/11 terrorist attacks and subsequent collapse of the twin towers have confirmed today that they have surpassed the requisite ninety-five percent (95%) opt-in threshold required in their agreement with the City of New York and its Contractors. As a result, the Settlement is officially effectuated, as Settlement Allocated Claims Neutral Matthew Garrettson, Esq., announced earlier today. 

“We are extremely happy to be able to confirm that we have met and, in fact, exceeded the 95% threshold set forth in the Settlement Process Agreement (“SPA”) with the City of New York and its Contractors,” said Paul J. Napoli, Senior Partner of Worby Groner Edelman & Napoli Bern, LLP, who was appointed in 2004 as Plaintiffs’ Co-Liaison Counsel in the federal litigation pending before the Hon. Alvin K. Hellerstein in the United States District Court in lower Manhattan.  “Now we can move forward and see that our clients, who have suffered far too long without compensation for their serious illnesses and injuries, receive the help and closure they so desperately need,” Napoli continued.

As reported by the Allocation Claims Neutral today, settlement opt-in numbers are as follows.  A total of 10,043 eligible plaintiffs have submitted opt-in documents.  This figure does not account for deficiencies in some of the plaintiffs’ documents that will have to be corrected.  Broken down by injury “Tier” level, of the 10,043 eligible plaintiffs who have submitted documents, opt-in numbers indicate that:

    1. Tier 1: 2,383 out of  2,726 eligible Tier 1 plaintiffs (87.4%);
    2. Tier 2: 1,567 out of 1,619 eligible Tier 2 plaintiffs (96.8%);
    3. Tier 3:    785 out of    807 eligible Tier 3 plaintiffs (97.3%);
    4. Tier 4: 5,308 out of 5,411 eligible Tier 4 plaintiffs (98.1%);
    5. All Tiers: 10,043 out of 10,563 all eligible plaintiffs (95.1%).

The original SPA with the City is worth $625-$712.5 million, depending on the percentage of overall plaintiffs opting in to the settlement.  That settlement has been made sweeter by a group of additional settlements negotiated with the Port Authority of New York and New Jersey ($47.5 million), two of the three contractors responsible for work performed at the Fresh Kills landfill in Staten Island with WTC debris ($24.3 million), the insurers for the Marine defendants responsible for the barges transporting WTC debris ($28 million), respirator manufacturer Survivair ($4.15 million) and Tishman ($1.4 million).

Bill Groner, another Senior Partner in the Worby firm, echoed Napoli’s satisfaction with the result of the months-long efforts to contact each of their 10,000-plus clients and obtain their executed settlement papers.  “We are thrilled to successfully conclude on behalf of the settling plaintiffs what is believed to be one of the most complex mass torts in  history arising out of a horrific event that has forever changed our Country.  Our clients sacrificed their safety and health to come to the urgent need of their fellow citizens, their City and our Nation and providing them with compensation for their resulting injuries and suffering is long overdue. We are so happy to finally see the light at the end of the tunnel for these deserving clients,” said Groner.

Asked whether latecomers to the settlement might still choose to submit their signed settlement documents and obtain settlement funds despite the expiration of the opt-in deadline at midnight on November 16, Napoli could not say with certainty whether the Allocation Neutral and the Court would accept such late-filed papers.  “We did everything humanely possible to help our clients decide whether to accept the offer in time to meet the deadline. Of course we will try to convince the Allocation Neutral and the Court to allow late comers to opt in, but there is certainly no guarantee that such late comers will be accommodated now that the deadline has passed.”

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For further information contact:

Paul J. Napoli
Worby Groner Edelman & Napoli Bern, LLP
350 Fifth Avenue, Suite 7413
New York, New York  10118
(212) 267-3700

Email:  Pnapoli@nbrlawfirm.com

 

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