by ARI PAUL
The filing deadline for plaintiffs in the 9/11 response-worker case with the city has been extended to Nov. 8, the WTC Captive Insurance Company has announced.
The $650-million settlement between more than 10,000 sick and injured Ground Zero workers and the city and its contractors needs 95-percent participation to go through, and the company announced that 50 percent of responders have already opted in. But it said Aug. 25 that administrative delays along with confusion about a bill that would establish long-term Federal funding for 9/11 health programs necessitated the extension. The original opt-in deadline was Sept. 8.
'Ensure Informed Decision'
"We are encouraged by the thousands of plaintiffs who have already opted in, but we decided to extend the deadline to make sure every plaintiff has ample time and information to make an informed decision," said Christine LaSala, president and CEO of the WTC Captive, in a statement. "We have made every effort to ensure transparency in this process and wanted to allow more time, given some delays caused by the need for a court-appointed law professor to review correspondence from plaintiffs' counsel to their clients and the difficulty in scheduling enough meetings for plaintiffs and their attorneys to discuss the settlement terms, which we believe are very favorable."
She added, "Our decision to extend was also based on our desire to be certain that plaintiffs were aware that the James Zadroga 9/11 Health and Compensation Act of 2010 was amended in July by the House of Representatives to enable those plaintiffs accepting the settlement to also be eligible for a reopened Victim Compensation Fund, should Congress approve the legislation. That amendment eliminates the need to choose between this settlement, which provides guaranteed payments now, and a reopened VCF. This is a significant factor for those deciding whether to accept the settlement."
Foe: A Delay Tactic
Kenneth Specht, a retired Firefighter and plaintiff in the case who has opposed the settlement on grounds that individuals' awards to victims will be too small, said the extension was a delaying tactic to get more plaintiffs to opt in.
"What gives them the right to extend the date? Do they extend it now every time they don't think they're not going to reach the number, so that people just get fed up and say 'I'm going to take it'?" asked Mr. Specht, who also heads the New York City Firefighter Brotherhood Foundation. "This lawsuit in my opinion is nothing more than a wounded horse that needs to be put out of its misery."
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