Judge OK’s deal for 9/11 responders

June 24, 2010|Tom Hays, Associated Press

NEW YORK — Some recounted their days at a smoldering ground zero. Some fought back tears. Some complained that no amount of money would make them whole.

Despite the mixed emotions, most of the 9/11 responders who appeared yesterday at a daylong hearing in federal court in Manhattan said they favored a deal that would end their seven-year legal fight over the toxic fallout produced by the collapse of the World Trade Center.

“Our families have been through so much,’’ said retired New York Police Department Detective Joseph Greco, who suffers from chronic asthma. “This can’t go on anymore.’’

Said volunteer worker William Moore: “We need to get better. We need to get on with our lives.’’

In the end, US District Judge Alvin Hellerstein signed off on the massive lawsuit settlement, clearing the way for final approval by the plaintiffs themselves.

The deal is fair, the judge said.

“This has been a long and difficult process, and I’m very happy it’s resolved.’’

Hellerstein had given his preliminary approval on June 10 to a settlement that would resolve suits filed by nearly 10,000 police officers, firefighters, and construction workers suing the city over their exposure to toxic ash.

The settlement would pay $625 million to $712.5 million, depending on how many people take the deal.

At the hearing yesterday, the lawyers who reached the settlement after lengthy negotiations urged the plaintiffs to accept it.

“There is no question in my mind that this settlement is substantial, fairly administered, and good for all plaintiffs,’’ plaintiffs attorney Paul Napoli said.

Kenneth Feinberg, who oversaw payouts to victims of the terrorist attacks of Sept. 11, 2001, and was appointed to review appeals under the terms of the settlement, gave his backing as well.

“To me it is a simple choice,’’ said Feinberg, speaking on a closed-circuit feed from Washington.

“You have waited long enough.’’

Anyone who opts out in hopes that Congress will pass compensation legislation, he said, would be “making a mistake.’’

The exact amount each person receives will be based on the severity of their illness, time spent at ground zero, age, previous health history, and other factors, including the likelihood a person’s sickness could be linked to the dust.

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