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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!

URGENT Your Fellow First Responders Need Your Help Now

We are writing this email to all of our clients to let them know of a provision in the Settlement Process Agreement (“SPA”) that may require the defendants to pay more money to you and your fellow responders.  If 100% of the plaintiffs accept the settlement and sign releases, responders will get a hefty 10% more in the settlement, which would amount to over 62.5 million additional dollars. However, each opt-out reduces this potential additional payment.  The amount of the potential settlement shrinks with each and every opt-out, so every opt-out reduces the total size of the overall settlement. 

The relevant language from the Settlement Process Agreement says:

“[I]f during the Opt-In Period or any extension hereof by the WTC Captive, actual opt-in experience for purposes of Section VI.D.i of this Agreement exceeds ninety-five percent (95%), the WTC Captive shall pay two percent (2%) of the Settlement Amount set forth in Section II.A of this Agreement for every one percent (1%) in excess of the ninety-five percent (95%) requirement in Section VI.D.i of this Agreement.”

Plaintiffs who opt out of the settlement may cost their fellow first responders compensation above the basic settlement amount of $625 million. The additional 10 percent ($62.5 million) that is available if everyone settles belongs in your hands and in the hands of your fellow first responders, the heroes who put New York City back on its feet. This money should not stay in the hands of the Defendants or the WTC Captive. But that is where it will stay if too many plaintiffs opt out of the settlement.  The more of you that accept, the less chance the Defendants will keep the money! So every vote counts. Even Tier 1 opt outs count against your fellow first responders. Make your vote count for all of your fellow first responders.

As you know, if 95 percent of you accept, the $625 million settlement will take effect. But your fellow first responders deserve more and the settlement agreement allows for more! Every 1 percent above 95 percent brings in an additional $12.5 million. The opt-in period is almost over -- fewer than 30 days are left until the deadline. We urge you to come to either our New York City or Long Island office tomorrow with your settlement paperwork. We will be happy to meet with you and answer any questions, address any concerns, and assist you with filling out the paperwork. Do not let the WTC Captive keep money that the first responders could get.  Make your vote count.

Please come to our office today with your paperwork. 

 

*** This communication has been approved by Court appointed legal ethicist Professor Roy D. Simon, Esq. ***

©2008 Napoli Bern LLP, All Rights Reserved, Reproduced with Permission
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