In 2001, my law offices were located at 115 Broadway in Lower Manhattan, an easy five-minute walk from the Twin Towers. Following the horrific attacks on September 11th, our building, like so many in the area, was engulfed in a toxic cloud of dust and debris. That dust cloud would go on to sicken more than 18,000 first responders—and kill 3,439 of them.
In 2004, I was appointed by the U.S. District Court as Co-Liaison Counsel representing more than 11,000 first responders and other rescue and recovery workers who were injured or became ill because of their work on rescue, recovery, and debris removal at the World Trade Center site in the months following 9/11. Our class action lawsuit named the City, four private construction companies handling the cleanup effort, the Port Authority of New York and New Jersey, and Larry Silverstein, owner of 7 World Trade Center and leaseholder of the Twin Towers. We alleged that these defendants ignored their responsibility to provide suitable working conditions for the site. After six long years, the truth prevailed, and in 2010 we secured a $712.5 million settlement.
The brave men and women compensated by this settlement were hardly the only ones who suffered harm because of the attacks. So did their families, as well as many workers, students and residents who lived in the World Trade Center area. As their health needs have changed, the laws on compensation have as well.
Holding the City Accountable
The aforementioned $712.5 million settlement was paid to the plaintiffs through the World Trade Center Captive Insurance Company (WTC Captive). Formed in response to the events of September 11th, FEMA gave WTC Captive $1 billion to defend New York City against 9/11 lawsuits. Last year, FDNY firefighter and Napoli Shkolnik client Brian Kevan won a $2.5 million settlement from WTC Captive after developing non-Hodgkin’s lymphoma from working at ground zero. The majority of claimants do not sue the City because doing so bars a plaintiff from filing a claim with the September 11th Victim Compensation Fund (VCF). However, with the help of an extremely capable lawyer, a claim against the City can yield a very substantial award compared with VCF awards, which have caps, and average $250,000 per claimant.
History of the September 11th Victim Compensation Fund
The original VCF operated from 2001 to 2004, and paid $7.049 billion to survivors of the 2,880 people killed on September 11th, as well as 2,680 others who were injured in the attacks or the rescue efforts. The majority of first responders began showing symptoms of illness only after the VCF closed, however. Following the untimely death of James Zadroga, a young NYPD officer who worked long hours at ground zero, a bill was introduced in Congress in his name, seeking to expand health coverage and options for affected first responders.
The James Zadroga 9/11 Health and Compensation Act of 2010 was signed into federal law in 2011. The Act reactivated the VCF, authorizing its operation for five more years and expanding its eligibility criteria. It also created the World Trade Center Health Program (WTCHP), which provides medical treatment for responders and survivors with chronic health conditions developed from the 9/11 attacks.
In 2019, the Never Forget The Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund was signed into law, extending the claim-filing deadline to October 1, 2090, and appropriating the funds necessary to pay all approved claims made by registered claimants. This momentous victory was the culmination of many years of energetic legal work, advocacy, and lobbying, and has brought long-awaited financial peace of mind to the thousands of individuals who sacrificed so much for the City of New York in the immediate aftermath of September 11th, and their families.
Where We Are Now
Today, Napoli Skolnik continues to represent 9/11 victims injured in the aftermath of the World Trade Center disaster, having been successful in recovering over $337 million for victims since 2011.
