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9/11 Compensation Deadline Looms By Teresa Cajot While most of us were counting down the days to the New Year, an estimated 1,600 individuals whose health was impacted by the 9/11 terrorist attacks were more focused on the second day of January. Those who filed lawsuits claiming that the dust and smoke from the World Trade Center collapse damaged their health have been given until January 2, 2012 to decide whether to pursue the matter in court or drop their respective lawsuits and apply for benefits under the federal Victim Compensation Fund.
The decision for most, however, is not an easy one to make. While first responders and others blame the disaster zone for a broad range of illnesses, the health issues covered by the compensation fund are limited only to conditions that scientists have already linked to the toxins found at the disaster zone. That means that although asthma and other respiratory problems have already been added to the list of covered illnesses, cancer and other conditions remain uncovered, at least for the time being. Last year, federal lawmakers allotted $2.76 billion in aid for those who experienced health issues as a result of time spent at Ground Zero. However, in order to be eligible for aid from the fund, applicants must drop any pending lawsuits by the second day of January or forever give up their chance to participate in the government-sponsored program. While the program does not require the sick to prove that their health problems are directly related to the September 11, 2001 attacks, there is no guaranteed that applicants will receive coverage if their particular illness has not been placed on the eligibility list. However, some plaintiffs have already chosen to dismiss their lawsuits in the hopes that cancer will one day be added to the list of covered illnesses. “In a sense, I’ve weighed my options and rolled the dice believing that the country I helped is not going to let me down,” said John Walcott, a former New York City police detective who dropped his case shortly before Christmas. Walcott, 47, was diagnosed with acute myelogenous leukemia in 2003.
that additional diseases will begin to become apparent in the first responder population in the years to come. “I’m not surprised that cancer is turning up in responders because the disease takes many years to develop.” She further notes that it is likely that there will be higher rates of cancer at younger ages among first responders in comparison to the general population. Regardless of whether cancer is covered in the future or not, most applicants won’t see any money until 2016, by which time all claims should be submitted and processed. With each passing day, more New Yorkers are facing illnesses stemming from the toxins of 9/11 and it is unknown how many will decide to sue or apply for aid through the government program. It’s entirely possible that the $2.76 billion set aside could be used up rather quickly, especially if individuals with common illnesses that may not have originated from the attacks decide to file for aid. “The real question is how many more cases are out there?” says Noah Kushlefsky, an attorney with Kreindler & Kreindler. Sheila Birnbaum, the Special Master of the September 11 Victims Compensation Fund expects thousand to apply but cannot give an estimate on how many might apply between now and when the fund closes years down the line. Ultimately, the amount paid out to each victim will depend on how many qualify for the fund and whether cancers are added to the list. Those who settled their cases before the compensation fund was established in 2010, are eligible to apply to government benefits but will have their award amount reduced by the amount of their legal settlement.
Dr. Jacqueline Moline, the co-director of the Queens World Trade Center Clinical Center of Excellence in Flushing, which is one of five centers funded through the Zadroga Act, believes
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