World Trade Center Litigation BLOG

Judge Hellerstein Finally Sets Trial Dates For WTC Lawsuits

Seven years after the September 11th attacks on the World Trade Center, a Manhattan federal judge set the first trial date for lawsuits that were filed by the WTC rescue and recovery workers that claimed they got sick from the aftermath air of the WTC 9/11 attacks. Judge Alvin Hellerstein set the trial dates to begin May 17, 2010 and will begin with only a few of those workers that are the sickest. This represents only about 30 cases in comparison to the over 9,000 cases that were filed. Among the claims filed were over 200 defendants with some 387 illnesses and diseases reported. Defendants include firefighters, construction workers and police officers that suffered injuries from toxic smoke and crumbling rubble. Hellerstein explained that the first trial date was given to those with first priority, the WTC cleanup and recovery crews that were injured the worst in the cleanup. Hellerstein stated that they had the most need for monetary recovery.

Hellerstein expressed belief in the fact that favorable verdicts and settlements in these first 30 cases will pave the way for hundreds of other cases to reach out of court settlements and thereby avoid having to wait years for their respective court trials. These initial trials will help answer the complicated questions as to whether or not the defendant’s exposure to Ground Zero conditions caused their illnesses. Another question that will hopefully be answered with these trials is whether or not New York City and their contractors for the WTC can share some of the blame when it comes to rescue worker protection and safety.

As to whether or not there will be any funds to pay for these lawsuit settlements, only time will tell. Congress gave the city of New York $1 billion to pay for rescue and cleanup worker claims. However, $191 million has already been spent by legal and other costs. In addition, reports have been surfacing that $14 million of that fund was recently lost in bond investments.

At a previous hearing, Hellerstein said that he preferred to keep secret over a million pages of 9/11 documents. Families of 9/11 victims have been trying to create a public record of the security lapses that allowed the WTC attacks. He explained that his first goal was to set these trial dates for the families who rejected the money from the federal Victims' Compensation Fund. He decided not to rule on the motion to lift the order that presently keeps these documents secret.

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