9/11 Rescue Worker Lawsuits Frozen
The Daily News

December 14, 2002

By HELEN PETERSON
DAILY NEWS STAFF WRITER

Almost 2,000 firefighters, cops and other workers who said they suffered respiratory ailments at Ground Zero will hold off suing the city for a year.

Under an agreement that could potentially save tens of millions of dollars, lawsuits over inadequate respiratory equipment will be frozen to allow the plaintiffs, who include Emergency Medical Service, sanitation and construction workers, to apply to the federal Sept. 11 Victim Compensation Fund.

The $7 billion fund was created to compensate anyone injured as a result of the 2002 terror attacks as well as the survivors of those who were killed.

Lawyer Michael Barasch, whose firm represents about 1,000 firefighters and other rescue workers, called the deal a win-win situation.

"It's nice to see that occasionally lawyers and judges can get together for the greater good of both the city and its workers," Barasch said.

City lawyers said the agreement, approved by Manhattan Supreme Court Justice Michael Stallman, will freeze 1,600 lawsuits.

"Instead of years of costly and uncertain litigation, with risk to both those who worked at Ground Zero and the city, the fund will provide the best resolution of these claims," said Corporation Counsel Michael Cardozo, the city's chief lawyer.

Inadequate protection charge

The suits, as well as notices to sue, accuse the city of failing to provide proper respiratory protection to those who worked at Ground Zero on Sept. 11 and in the days after the terrorist attack that destroyed the World Trade Center.

The agreement will permit workers to submit claims to the fund without giving up their right to sue if they are turned down by the fund or dissatisfied with the payment.

The deadline for filing suit against the city would have been one year and 90 days after the attack, with the exception of those given permission to file late notices.

Under the agreement, the suits will not be filed before Nov. 3, 2003, or after Dec. 22, 2003.

(Copyright 2003 Daily News, L.P.)