Justice may come for 9/11 victims

by Christina Lovato, University of New Mexico-Talk Radio News Service

“In a September 2006 peer-reviewed study conducted by the World Trade Center Medical Monitoring Program, of 9,550 World Trade Center responders, almost 70 percent had a new or worsened respiratory symptom that developed during or after their time working at Ground Zero. Furthermore, another study documented that, on average, a New York City firefighter who responded to the World Trade Center has experienced a loss of 12 years of lung capacity…. The pain and suffering of the living victims of 9/11 is real and cannot be ignored. We, as a nation, must do more,” stated Congressman Jerrold Nadler (D-NY).

Today at a joint subcommittee hearing under the House Judiciary Committee, witnesses testified and spoke in support of H.R. 847, the “James Zadroga 9/11 Health and Compensation Act of 2009.” Under the Act, responders, area residents, workers, and students who were exposed to the catastrophe of the terrorist attacks on the Twin Towers on 9/11 would be provided comprehensive medical treatment. It would also reopen the Victim Compensation Fund so that people can be compensated for their economic losses.

Barbara Burnette who is a former New York City Police Detective retired from the force after 18.5 years of service due to injuries she developed while working for 23 days in total at the World Trade Center site. Burnette was not provided with any respirator or other protection for her lungs and throat and now has been diagnosed with interstitial lung disease, more specifically, hypersensitivity pneumonitis with fibrosis in her lungs. During the time the September 11th Victim Compensation Fund of 2001 was in mode, Burnette was not sick and the fund was closed to all applicants in December 2003. “Along with thousands of other rescue, recovery and construction workers, I have filed an individual lawsuit in the Southern District of New York, seeking redress for my respiratory injuries…. My case is now in its fourth year. It has been a long road, and I can’t tell you that I can see an end,” she said.

Over 2,000 rescue workers were compensated with funds from the Victim Compensation Fund of 2001 at a cost to the taxpayer of about $1 billion of the $7 billion spent, stated Kenneth R. Feinberg, the former Special Master of the Federal September 11th Compensation Fund of 2001. “I had enough problems determining eligibility and compensating 5,300 people back in 2001. Whether or not a fund like this should be reopened and the eligibility criteria expanded to include additional types of injury, that is up to the Congress to decide…. It is really an interesting dilemma for the Congress to consider whether it is appropriate to deal with this unfairness of not compensating some of these rescue workers,” expressed Feinberg.

James Melius, an MD and Administrator for the New York State Laborers’ Health and Safety Trust Fund said that the New York State Workers’ Compensation system is difficult to navigate through and is even worse for World Trade Center related illnesses. “The difficulties there are that these are complicated conditions. Our knowledge of them is evolving over time. We don’t know the prognosis for people. It’s more difficult to provide a proper assessment,” concluded Melius. According to information given by Melius, in New York City, uniformed services workers are, for the most part, not covered under the N.Y.S. Workers’ Compensation system but rather have a line of duty disability retirement system managed by New York City. So if a fire fighter, police officer, or other uniformed worker can no longer perform their duties because of an injury or illness incurred on the job, they can apply for disability retirement which allows them to leave with significant retirement benefits, but if a work-related illness becomes apparent after retirement, no additional benefits, including medical care, are provided.

“In the nearly eight years after 9/11, we have done enough talking. Now it is time to pass H.R. 847, the 9/11 Health and Compensation Act,” concluded Nadler.