Injury Law Blog : Florida Injury Lawyer & Attorney : LaBovick Law Group : Serving West Palm, Boynton, North Palm, West Palm Beach, Jupiter

Yesterday, I was in New York meeting with the New York State Fraternal Order of Police President Charles Caputo and several members of his executive committee at the State headquarters in Hicksville, NY.

I was there with my Director of Strategic Alliances, Larry Stern, as an invited guest speaker at the June meeting of the NYC Transit Police Memorial Lodge #317. I was specifically asked to speak on the James Zadroga 9/11 Health and Compensation Act of 2010.

Law Enforcement Officers are very near and dear to my heart.  I am a former prosecutor with the Department of Justice.  Larry Stern is a former Assistant District Attorney in Manhattan. Over the years we have both successfully prosecuted hundreds of cases with the help of outstanding law enforcement. Every day, they risk their lives to make sure that our communities are safe.

On 9/11, thousands of law enforcement officers, rescue worker and volunteers answered the call to help with rescue efforts at the World Trade Center. Thousands of heroes responded and assisted in the rescue and clean up efforts.  My purpose at yesterday's speaking engagement was to make sure that all of these brave men and women are fully aware of the benefits from the James Zadroga 9/11 Health and Compensation Act that was  signed into law, earlier this year by President Obama.

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The special master, Sheila Birnbaum, is hard at work on her new job, fighting for the rights of the 9/11 victims. Yesterday draft regulations expanding the area of Compensation for the Zadraga Act Claims were released. This will potentially allow more people eligibility for federal compensation.

The original $7 billion compensation fund for victims of the 9/11 attack, was only limited to those who were on the 16-acre World Trade Center site or just outside it. Late last year, Congress passed the James Zadroga 9/11 Health and Compensation Act, which reopened the fund and provided $2.8 billion to compensate those with health problems, primarily respiratory troubles, linked to the attack.

The new boundaries includes all of Lower Manhattan below Reade Street and the Brooklyn Bridge ramps, Battery Park and Stuyvesant High School, and Wall Street.

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When discussing the Zadroga Act, many are unclear as to what health conditions are covered under the Zadroga Act.

In an effort to answer this question, I have outlined a list of covered health conditions below for September 11th responders and survivors. 

Health conditions covered under the Zadroga Act include the following

A. Aerodigestive Disorders

• Interstitial lung diseases
• Chronic respiratory disorder-fumes/vapors
• Asthma
• Reactive airways dysfunction syndrome (RADS)
• Exacerbated chronic obstructive pulmonary disease (COPD)
• Chronic cough syndrome
• Upper airway hyperreactivity
• Chronic rhinosinusitis
• Chronic nasopharyngitis
• Chronic laryngitis
• Gastroesophageal reflux disorder (GERD)
• Sleep apnea exacerbated by or related to a condition described in a previous clause.

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Attorney General Eric Holder selected Sheila L. Birnbaum as Special Master of the September 11^th Victim Compensation Fund better known as the “Zadroga Act”. Ms. Birnbaum is a partner at the New York based law firm Skadden Arps. She will now fill the role once held by former Special Master, Kenneth Feinberg.

It is now up to Ms, Birnbaum to propose regulations and guidelines that will govern the administration of the Zadroga funds allocated by Congress and signed into law by President Obama on January 2, 2011. Ms. Birnbaum stated the following in her acceptance of the distinguished new role as Special Master of the Zadroga 9/11 Act Victim Compensation Fund:

“As a life-long New Yorker, the opportunity to serve the country and the 9/11 community in this way is a tremendous honor,” Birnbaum said, "My first priority will be to sit down with the people who will be most affected by the program, and see how we can design a program that is fair, transparent and easy to navigate. The fund needs to get up and running quickly. At the same time, I want to make sure we do it right.

Important Information for WTC 9/11 First Responders and Survivors:

Although the Zadroga Act will not be funded until October 1, 2011, it is very important that all eligible recipients begin preparing their documents and medical records for filing later this year.

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Studies related to the after effects of the 9/11 World Trade Center explosions continue to detail the catastrophic environmental and human consequences. It is estimated that over a million tons of toxic dust created a 16 acre debris field filled with asbestos, Freon, glass fibers, sulfuric acid and numerous other known carcinogens.

The density and composition of the ultra-fine particulate matter exposed improperly equipped victims and first responders to a variety of harmful substances. The natural defense systems in the lungs were ineffective in filtering out the dust, allowing the deadly particles to become deeply embedded in lung tissue. The result has been the development of debilitating lung, heart and blood diseases among those directly involved in the tragedy.

Compensation for Victims

In response to the growing recognition of the incapacitating injuries suffered by those at Ground Zero, Congress passed the Zadroga Act to provide monetary compensation to the victims of the tragedy. Named in honor of James Zadroga who died from toxic exposure at the WTC, the law was signed by President Obama in January of 2011 and establishes a 2.5 billion dollar victim’s relief fund.

It is estimated that thousands of people who worked at Ground Zero may develop some form of chronic lung disease. This includes police officers, paramedics, firefighters, laborers and volunteers who dug through the rubble searching for survivors.

Statements by the former head of the EPA relating to the purported safety of the air and water immediately following the attacks resulted in residents returning to unsafe homes and workplaces. Many believe the government was negligent in failing to issue proper warnings for area residents and workers, and therefore bears responsibility to provide reasonable compensation for the resulting chronic conditions.

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