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.
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.
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
(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
(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…
Zadroga Bill Amended to Allow for Claims by WTC Plaintiffs Who Have Settled
We are very pleased to report that on September 29, 2010, the United States House of Representatives passed the James Zadroga 9/11 Health and Compensation Act of 2010 ("Zadroga"), by a wide margin of 268-160. As many of you know we have worked tirelessly for several years to get the bill passed in its most beneficial form, which now allows you to settle your case against the City and Contractors AND to still apply for compensation under Zadroga. Any settlement money you receive for your World Trade Center case prior to Zadroga's enactment will be deemed a "set-off" (a dollar-for-dollar deduction) against the benefits payable under Zadroga for a Victims' Compensation Fund payment (the litigation set-off will not reduce the health benefits payable under Zadroga).
"(iii) SETTLED ACTIONS - in the case of an individual who settled a civil action described in clause (i), such individual may not submit a claim under this title unless such action was commenced after December 22, 2003 and a release of all claims in such action was tendered prior to the date on which the James Zadroga 9/11 Health and Compensation Act of 2010 was enacted."
If you have not yet opted into the settlement with the City/Contractors, we encourage you to opt-in now by the November 8, 2010 deadline, so that you can receive the guaranteed compensation available under this settlement, without losing your rights to apply for any compensation you may be entitled to under Zadroga, if the bill passes. By opting into the settlement with the City/Contractors, you will have the benefit of potentially securing compensation from both sources, i.e., the settlement of your lawsuit and Zadroga.
To be perfectly clear, if you opt-out of the current settlement, you can still apply for compensation under Zadroga, but you would have to withdraw your lawsuit within 90 days of the bill’s enactment before applying. Only if you are found ineligible for compensation under Zadroga you can reinstate that lawsuit and only if you do so within 90 days of the finding of ineligibility. If you are found eligible you must take whatever compensation is given under the Zadroga bill and cannot reinstate a lawsuit if you are not happy with that amount.
The only way to receive compensation from any settlement and Zadroga is to settle all claims before the bill is enacted. We have been informed by the defendants that the proposed settlement by the City and its contractors is the only settlement they intend to offer. If you do not opt into this settlement by November 8, you likely will not be able to settle your case with them before Zadroga is enacted. Thus, by opting out it is possible that you could end up with no compensation if you are found ineligible under Zadroga and if your lawsuit is subsequently dismissed.
A copy of the text of the Zadroga Bill is on our website at www.877wtchero.com.
Napoli Bern LLP
Toll Free: 877 WTC HERO
Phone: 212 267 3700