Judge Rejects 9/11 Health Settlement

(CBS/AP)  A federal judge on Friday rejected a legal settlement of more than a half-billion dollars for people sickened by ash and dust from the World Trade Center, saying the deal to compensate 10,000 police officers, firefighters and other laborers didn't contain enough money for the workers.

"In my judgment, this settlement is not enough," said U.S. District Judge Alvin Hellerstein.

The judge also said he was concerned too much of the deal would be eaten up by legal fees and that ground zero responders were going to be pressured into signing on before they knew how much they stood to receive.

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The settlement proposal would have given the workers $575 million to $657 million, but each person's amount was based on a complicated point system that would give some workers only a few thousand dollars while others might qualify for $1 million or more.

A third or more of the amount set aside for the workers was expected to go to their lawyers. Some plaintiffs had agreed at the start of the case to give as much as 40 percent of any judgment to cover fees and expenses.

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Under the terms of the deal, workers were given just 90 days to decide whether they wanted to participate — a time Hellerstein suggested was too short to figure out one of the most important decisions of their lives.

"I will not preside over a settlement that is based on fear or ignorance," he said.

Hellerstein, who presides over all federal court litigation related to the terror attacks, ripped into the agreement after hearing from several ground zero responders speak tearfully of their illnesses, and receiving letters and phone calls from others expressing confusion about the deal.

It wasn't immediately clear whether the judge's actions, which he announced from the bench, would kill the settlement entirely.

The deal had taken years to negotiate and was announced last Thursday, with about two months to go until the first trials.

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Last Friday, a representative of one victims' group expressed reservations that deal doesn't contain enough cash.

"From what I've seen, I don't think you're going to get 95 percent of the people to opt in," said John Feal of the Long Island-based FealGood Foundation. He noted that some workers could wind up getting only a few thousand dollars for illnesses that will bother them for life.

"This is far from fair," he said. "Look, if you've got cancer and are going through chemo and medical bills, $1 million goes pretty fast."

[rwsmith29456]

Exactly who is liable and paying the settlement??? They should surely get money to cover their legal fees.

[j_d_green]

First I would like to say that I had 2 relatives there within 24 hours of the events that took place on 9/11/01. One as an EMT and one as a coroner. If the country of origin of those that caused the destuction will be paying the tab fine. Otherwise we are looking at the U.S. Taxpayers paying for this.

[bradkt1]

Is anyone really half-witted enough to think that breathing all the dust (asbestos and otherwise) and crud kicked up by the collapse of those buildings that was in the air wasn't going to have severe health side effects because the first responders weren't given respirators? What the federal, state and local officials did claiming that it was safe to breathe without respirators was both callous and unconscionable. That type of workplace environment is against the workplace rules of every state OSHA, as well as the federal government.

The judge was exactly right to reject this wholly inadequate settlement. Tens of thousands of people are going to be suffereing the effects of this for the rest of their lives. If 100,000 people were affected, that means that each victim was going to receive an average of 2/3 of $50,000...the other 1/3 going to the lawyers.

Under this proposed settlement, the only winners would have been the lawyers...and the politicians that sent them in harm's way would have been off the hook forever.

[DocD--2008]

The first thing the judge should order is that in any settlement the lawyers will split $1.00 between them and thats it. There are far too many lawyers in this country and most of them are all about the money period.

[superlaw]

If it were not for the lawyers, they would not be getting anything. Is that what you prefer.
At the same time, I find it difficult to believe that the lawyers need to be compensated to the tune of $200+ million for their work. The judge appears to be on the right course to send the settlement back to try to get more for the victims and less for the lawyers. But remember, if there is no settlement there will be a huge number of long, complicated trials, the outcome of which cannot be predicted.

[LawScholar]

While my user name displays my bias, your statement is not well-founded in fact. The legal system is a complex one, and a case this size requires thousands to tens of thousands of hours of intense mental work and negotiation, all of this after 7-8 years of post-secondary education. Do lawyers get compensated too highly, as superlaw suggests? That is a matter for debate. What makes no sense, however, is your suggestion of no compensation. In no way are lawyers immoral for wanting compensation for their work. That's called capitalism. Furthermore, your claim that 'most lawyers' are all about the money does a severe disservice to the tens of thousands that engage in reduced-fee or pro bono work with indigent clients or work for non-profit organizations.

Lawyers are an easy target, but they are not always the correct one.

[genenew6]

I'll be gone when help shows up.we can take care of the world but not ourselfs,what up with that?

[agarwal1]

I am confused.
A building was bombed (using planes) by terrorists from Saudi Arabia, which while falling created a lot of dust, some good people rushed to help into the heavily obviously dusty environment....

So are the people who bombed the building paying for dust sickened people? IF yes the great... and they must be paying in billions!!

So all the people who got dust in their system complaining there must not be any dust after the building colasped?

So are we saying that the suffering with dust was cuased by some American people/company ? and not by the terrorists of Saudi origin people ???

[ClownsOnLeft_Jokers2Right]

The money in the fund is basically from all your tax dollars...and now most of it will go to all the skumbag lawyers.

[ClownsOnLeft_Jokers2Right]

Lawyers suck.

[inventagod]

Thermite dust will kill you, sooner or later.
Brave judge.