9/11 compensation lawsuit investigation

9/11 victim compensation: Who’s affected?

Were you made ill by toxins at Ground Zero? The fund that pays victims of the terrorist attacks on New York City has been extended, and now includes patients with uterine cancer. Even if you have already received compensation from the fund, you may be entitled to more.

Persons physically harmed by the aftermath of terrorist attacks on the World Trade Center in New York City now have until 2090 to apply for relief from the September 11 Victim Compensation Fund (VCF). Eligibility was recently expanded to those who developed uterine cancer, including endometrial cancer, because of toxin exposure.

This extension is vital for those who were diagnosed with various forms of cancer due to the attack, and to the families of those who lost a loved one due to attack-related cancers. Even if you have already received compensation from the fund, you may be entitled to more if your illness has worsened, you have developed a new illness, or your illness was not eligible at the time you applied.

A persistent threat

Cancers are insidious. Caused by airborne dust, jet fuel and smoke containing lead and other toxins, 9/11 cancers do not become apparent for some time. To be eligible for VCF compensation, the diagnosis must have been made four years or more after exposure, or one year or more for blood and bone cancers. Exposure dates are officially Sept.11, 2001 to May 31, 2002, and apply to anyone made ill by Ground Zero exposure, including but not limited to:

• First responders
• Volunteers
• Firefighters, police officers and EMTs
• Out-of-state responders
• Sanitation workers
• Truck drivers
• Barge drivers
• Construction workers
• City workers
• Utility workers
• Cleaners
• Those employed below Canal Street
• Residents living below Canal Street
• Students in school below Canal Street

Ground Zero is generally considered to be lower Manhattan below Canal Street.

A growing horror

It is estimated that since the attack, cancers in first responders and others have increased by more than 1,000%, from 1,870 in 2013, to more than 20,000 in 2020. The numbers are growing and likely to continue for the 91,000 people involved in the rescue, recovery and clean-up, and others who are at risk or already diagnosed with dozens of types of cancers, among them:

• Lung cancer
• Prostate cancer
• Breast cancer
• Ovarian cancer
• Uterine cancer, including endometrial
• Bladder cancer
• Non-melanoma skin cancer
• Melanoma
• Thyroid Cancer
• Non-Hodgkin’s Lymphoma
• Multiple Myeloma
• Leukemia
• Mesothelioma
• Head, neck, nasal, mouth 9/11 cancer
• Colon cancer
• Kidney cancer
• Stomach cancer
• Uterine cancer
• Esophagus cancer
• Bone cancer
• Liver cancer
• Brain cancer
• Sarcoma
• Neuropathy related to cancer treatment

Uterine cancer

“This rule is significant as it not only provides access to life-saving care and treatment, but also recognition for the women who sacrificed so much on and after 9/11,” said WTC Health Program Administrator, John Howard, M.D. “With the publication of this rule, a critical gap in coverage for women in the program has been eliminated. All types of cancer, if determined to be related to 9/11 exposures, are now covered by the World Trade Center Health Program, providing women equal access to the treatment they deserve.” The WTC Health Program certifies cases for the fund.

Uterine cancer, which frequently leads to the surgical removal of the reproductive organs, can take two forms: endometrial in the inner lining of the uterus, or the less-likely uterine sarcoma in the muscle wall. Endometrial cancer is among the most common of gynecologic cancers, affecting about 65,000 people per year, according to the Cleveland Clinic.

Uterine cancer was recently added to the list when patients learned that their illnesses may have been caused by 9/11 exposures and lobbied the government to analyze the condition and change policy.

What is the Fund?

The VCF was established after 2,753 people were killed when two planes piloted by terrorists crashed into the World Trade Center on Sept. 11, 2001. The fund provides tax-free compensation for pain and suffering, lost earnings, medical expenses and other benefits to those who were made ill, and for death benefits, funeral expenses, lost earnings and other compensation for the families who lost loved ones.

The fund was closed in 2004, but reopened in the first week of 2011 because thousands of people were, and are, being diagnosed with 9/11 cancers, of which there are said to be more than 70 types. The deadline was subsequently extended from 2020 to 2090, and the fund is expected to pay out an estimated $10 billion over the original $5.12 billion budgeted.

What will I need to file?

The process of filing for compensation is complicated. In most cases it requires certification from the related WTC Health Program that you have an eligible physical health condition as a result of the attacks or of the subsequent debris removal and clean-up. If you are unable to visit the verification sites, you may seek permission for certification from other doctors, further complicating the process.

If you received an award from the original September 11th Victim Compensation Fund that operated from 2001-2004 (“VCF1”), you must show that your eligible injury or condition has substantially worsened, or that you have a new physical injury or condition which you had not suffered at the time of the first filing or which was not compensable at the time, and that you have not already been fully compensated for your losses.