Sunday, August 1, 2010

Editorial: The WTC Settlement: The Pit and the Political Pendulum

THE HOUSE FAILS TO PASS HEALTH BILL FOR WTC FIRST RESPONDERS

More macabre than anything Master Poe might have conjured up, the failure of Congress to pass the Zadroga Health Care Bill could result in thousands more deaths in the coming years because of lack of funds for diagnosis and treatment of diseases and illnesses caused by exposure at the site after 9/11.

On September 11, 2001 and for months afterward our brave men and women; fathers and mothers, daughters and sons went to work in and around Ground Zero at what would be known by them as "The Pit" or "The Pile".  They went because their hearts told them to go.  They toiled because their bodies listened to their hearts.  They trusted because Christie Todd Whitman, then the Environmental Protection Agency (EPA) chief told them the air was safe to breathe.  She was wrong.  The EPA was wrong.  Now, over 800 First Responders are dead before their time and thousands more are sick.  These are our children and parents  the politicians have now chosen to use as political fodder.

This week a battle erupted between Congressmen Peter King (R-Seaford) and  Anthony Weiner (D-Brooklyn) and swung like a pendulum back and forth with both sides accusing the other of politics as usual for their party members.  Tempers flared over the House's failure to pass the "Zadroga Bill".  (named after James Zadroga, a deceased 9/11 First Responder)  The vote was 255-149 but did not pass because the vote was taken under  the "suspension calender" rules which required a two thirds majority to pass.  Usually a simple majority would have been enough; in this case 218 votes would have easily passed the measure.  Republican Peter King found himself swinging back and forth with Democrat Anthony Weiner even though both voted for and support passage of the bill.

For his part Rep. King insisted that the Democrats could have passed the bill if they had put it to a vote under normal rules and that the Democrats were "petrified" an amendment on illegal immigration would be added and they would be forced to vote on this issue which could hurt them in November.  Then he focused on the procedure issue, claiming "Everyone knows this would pass with a clear majority... under the regular procedure of the House."

Swinging back the other direction Rep. Weiner argued "You vote yes, if you believe yes. You vote in favor of something if you believe that it is the right thing.  If you believe it is the wrong thing you vote no."  Rep. Weiner argued sarcastically that to blame your vote on procedure after a vote has already been taken is "great courage".  He admonished Rep. King and the other Republicans in a shouting match with Rep. King yelling "It's a shame. A shame."  When Rep. King tried to interrupt him Weiner yelled even louder, refusing to surrender the floor to Rep. King adding, "The gentleman thinks if he gets up and yells loud enough he will intimidate people into thinking he's right.  He's wrong."

Some Republicans predicted in the press the nearly 8 billion dollars would be just another "slush fund" for people to take advantage of the taxpayers.  What a shame to think so little of the thousands of heroes that were and still are our First Responders to lump them in with a handful of people who tried to take advantage of the system set up to help real victims of 9/11.  New York aggressively sought out and prosecuted to the full extent of the law any one who received funds under false pretense in the early aftermath of the 9/11 tragedy.

The real truth is that the World Trade Center First Responders are heroes who need this bill to pass now.  The New York City lawsuit proposed settlement which needs a 95% acceptance rate by the WTC plaintiffs by September 30th to pass, is fated to be rejected.  Insiders claim not even 20% agree to the $713 million dollars offered by the City,  accepted by federal Judge Alvin Hellerstein and proffered for agreement to the claimants by Kenneth Feinberg, the special master in the case.  This makes passage of the federal bill even more imperative for these people.

This reporter spoke with the law clerk for Judge Alvin Hellerstein, the federal judge in the City lawsuit,  just after Judge Hellerstein initially insisted the City up the ante in the settlement, calling their first offer insulting and unacceptable.  Judge Hellerstein also insisted the lawyers for the plaintiff's reduce their fee from the standard 33% to a more reasonable 25%. This was a good decision by the judge. Especially because there is information that was recently published regarding the First Responders' exposure to toxic levels of Beryllium that was in the planes and the buildings.  When water was applied to the fire the Beryllium in "The Pit"  became deadly toxic.  Beryllium is deadly when breathed into the lungs even in small amounts when it is in a vapor, dust or particle form.

Focusing on the breathing problems exhibited by many who worked without the proper breathing apparatus and other necessary protection at the WTC site, the judge's clerk was told that thousands of WTC First Responders may have been misdiagnosed and may not know if they are sick for decades.

See Freelance Investigations:                                                                    Monday May 17, 2010
WERE THOUSANDS OF WORLD TRADE CENTER RESPONDERS MISDIAGNOSED?
IS SARCOIDOSIS DIAGNOSIS REALLY CHRONIC BERYLLIUM DISEASE?
http://freelance-documentdrivennews.blogspot.com/2010/05/were-thousands-of-world-trade-center.html

Judge Hellersteins' law clerk did not comment, but he did listen patiently and was asked to direct the judge to the information about Beryllium exposure contained in the May 17th  story.  The workers exposed to Beryllium in "The Pit" may not exhibit symptoms of the deadly and incurable Chronic Beryllium Disease for another ten years, as the disease for some, can take up to two decades to present the symptoms.  Once it does present however, it is always fatal.  Other symptoms besides breathing problems include eye ulcers and rashes and/or cuts that won't heal.  The National Institute for Occupational  Safety and Health, (NIOSH) which operates under the Department of Labor issued a Report to Congress containing documents that state if a person has been diagnosed with Sarcoidosis and they have ever been exposed to even a small amount of Beryllium, they are presumed to have Chronic Beryllium Disease....No equivocation.

There is no way to know if the information about Beryllium exposure was ever passed along to the judge.  Recently, however, Judge Hellerstein accepted the new offer of $713 million by the City which would pay an average of $3,000 for a lung disease documented in a WTC worker and an average award to workers of less than $40,000 dollars.  Any money obtained in a New York settlement would work as an offset to any monies obtained if the Zadroga Bill passes.  The World Trade Center First Responders are incensed that this has become a political issue and rightly so.  Calling the settlement offer "flawed" but still "a good deal" at a recent Town Hall meeting on Staten Island, the judge recommended the plaintiffs take the settlement.

John Feal who started the FealGood Foundation; a 9/11 advocacy group, after he severely injured his foot working at "The Pit"-  called the failure of the House to pass the bill a failure on every level and characterized the First Responders as "pawns" in the political machinations that surround the November elections.

Glenn Klein, a 51 year old former NYPD officer who worked in the emergency services unit during 9/11 and lives in Centereach is disabled because of his exposure at "The Pit".  Klein took the setback of the failed vote in stride noting that they have worked tirelessly in the past to successfully educate the legislators and have been able to get some to change their votes and they will continue to do so until the measure is passed in the House.  Then he will look toward the fight in the Senate.

The health care bill is named for James Zadroga an NYPD detective who died on January 5, 2006.  In 2001, Mr. Zadroga was a healthy non-smoker, with no history of asthma who five years later died of a respiratory ailment.  Mr. Zadroga spent over 450 hours on the pile at "The Pit" and after a few months he first got what has come to be known among responders as the "World Trade Center Cough".  Then he experienced shortness of breath and eventually was unable to walk more than a few feet without gasping for air.  He was 34 years old when he died.

Several autopsies brought a variety of conclusions with the City Medical examiner putting the onus on Zadroga himself.  However, the latest autopsy, by world renowned forensic pathologist,  Dr. Michael Baden discounted the theory espoused by the City's examiner which Dr. Baden concluded was incorrectly stating actions by  Zadroga were responsible for his own illness and premature death.

The politicians who believe that this issue can be used as political capital in an election year do not deserve to be representing the people or the heroes.  The brave individuals who worked on the pile at that pit never asked or cared if the man or woman standing next to them was a Democrat or a Republican.  People came from every one of our fifty states to help New York during this crisis and worked as Americans and neighbors of ours.  To interject politics into saving their lives is not only unethical and inhumane...it flies in the face of everything these courageous people sacrificed and what America stands for.

Message to both houses of Congress...................Pass the damn bill.

***********************************************
***********************************************
The following are synopses of the Zadroga Bill from both the House and the Senate companion bill.

Summary of H.R. 847,
The 9/11 Health and Compensation Act

Thousands of first responders and others exposed to the toxins of Ground Zero are now
sick and in need of treatment and compensation.  H.R. 847 would build on the current
WTC health programs to provide long-term, comprehensive health care and
compensation for those in need.  In order to bring the bill to the floor, the bill as amended
would cost $7.4 billion, which will be completely offset by closing a tax loophole on
foreign companies, which will raise $7.4 billion over 10 years.

Prepared by the Office of Congresswoman Carolyn B. Maloney
Last updated July 23, 2010
H.R. 847, the 9/11 Health and Compensation Act
What is the problem?
Thousands of first responders and others exposed to the toxins of Ground Zero are now
injured and need our help.  These include firefighters, rescue workers, responders, police
officers and EMTs, construction workers, cleanup workers, residents, area workers, and
school children, among others.  Their illnesses include a range of respiratory, gastrointestinal,
and mental health conditions.
Over 13,000 WTC responders are sick and receiving treatment.  Nearly 53,000 responders
are enrolled in medical monitoring.  71,000 individuals are enrolled in the WTC Health
Registry, indicating that they were exposed to the toxins.
*********************************************
*********************************************
The Senate Companion Version of this Bill
Sponsor:  Senator Kirsten Gillibrand  (D-NY)

Co-Sponsors:
Sen. Mark Begich [D, AK]
Sen. Roland Burris [D, IL]
Sen. Robert Casey [D, PA]
Sen. Christopher Dodd [D, CT]
Sen. Daniel Inouye [D, HI]
Sen. Frank Lautenberg [D, NJ]
Sen. Robert Menéndez [D, NJ]
Sen. Charles Schumer [D, NY]

At least 10,000 people came from around the country to help in the aftermath of the attacks.
They hail from every single state in the Union and nearly every Congressional District.
Many are sick and others are very concerned about their future health.

Those who have economic losses because of their WTC-related illnesses need and deserve
compensation, but have no alternative to the current litigation system.  The WTC Contractors
and the City of New York are being sued by over 11,000 people who are injured because of
Ground Zero toxins.  They face great financial loss because they were asked to help at
Ground Zero in the country’s time of need.
How H.R. 847 addresses the problem:
Provides medical monitoring and treatment to WTC responders and survivors (area workers,
residents, students) who were exposed to the toxins at Ground Zero.
Builds on the existing monitoring and treatment program by delivering expert medical
treatment for these unique exposures at Centers of Excellence.
Reopens the 9/11 Victim Compensation Fund (VCF) to provide compensation for economic
losses and harm as an alternative to the current litigation system.
Provides liability protections for the WTC Contractors and the City of New York.
Status of H.R. 847:
The bill is ready to go to the floor.  The Energy and Commerce Committee and the Judiciary Committee have reported out their sections of the bill.
The cost of the bill has been reduced from $10.5 billion to $7.7 billion to ensure that the bill
is completely paid for and PAY-GO neutral.
The offset targets “treaty shopping” where a foreign company in a country without a U.S.
treaty routes income through a third intermediary company with a treaty to take advantage of the intermediary company’s tax reductions.
Source:  opencongress.org/
         To view the House Bill in its' entirety click the link:

No comments:

Post a Comment