9/11 Victim Compensation not Compatible with the Mesothelioma Lawsuits

The Compensation Fund that was set up under the James L. Zadroga 9/11 Health and Compensation Act of 2010 is designed to assist people who struggle with long-term health issues due to their exposure to the toxic dust and smoke that covered New York after the 2001 attack. Presently, the Compensation Fund covers only a small number of illnesses. Asthma, scarred lungs and certain respiratory problems are among these, while mesothelioma and other types of cancer are not covered. The good news is that a review in the Fund rules followed by change in regulations is expected.

Mesothelioma is the cancer of the lung or abdomen lining and is caused by the inhalation of asbestos fibers, as a result of asbestos exposure. In 2001, along with the firemen, police officers or people who worked at clearing the site of the attack, there were thousands of residents affected by the estimated 400 tons of asbestos contained in the cloud that covered the City.

Mesothelioma has a long period of latency (10-50 years) and this makes diagnosis difficult, but the huge amount of asbestos released in 2001 inclines oncologists to predict a growth in future mesothelioma cases. This is the basis for new amendments to include certain cancer types among the mostly respiratory illnesses covered by the Fund. People with a pending mesothelioma lawsuit that was not withdrawn until the 3rd of January are not eligible for awards from the Compensation Fund. To be issued a payment from the Victim Compensation Fund, withdrawal of a lawsuit must be proved with an official final order from the court. However, people who already reached a mesothelioma settlement are entitled to awards from the Fund, with the amount of the settlement to be then later deducted.