dojN001473.xml

dojN001473.xml

born-digital

email

yes

no

2002-01-09

Wednesday, January 09, 2002 2:35 PM
September 11th Victims Compensation Fund of 200 P.L. 107-42

January 9, 2002


Mr. Kenneth L. Zwick, Director
Office of Management Programs
Civil Division
U.S. Department of Justice
Main Building, Room 3140
950 Pennsylvania Avenue, NW
Washington, DC 20530

Dear Mr. Zwick,

September 11th Victims Compensation Fund of 200 P.L. 107-42

It is our firm belief that the interim rules issued by the Special Master on December 20th are contrary to the letter and the spirit of the legislation which was enacted.

The legislation authorized payment for economic and non-economic loss. Economic loss was defined as "any pecuniary loss... including the loss of earnings... to the extent recovery for such loss is allowed under applicable State law." (Sec. 401(5)). Non-economic loss was defined to include among other things "physical and emotional pain, suffering ... mental anguish ... and loss of consortium." (Sec. 402(5)). Naturally, non-economic loss extends to other immediate family members not just the next-of-kin.

As Mayor Giuliani stated in his farewell address: "we have an obligation to the people who did die... Their families need to be protected just as if they had been alive, financially and in every other way that we can help and assist their families... There should be no compromise about that ever ..."

The Victims Compensation Fund was created as a part of a comprehensive legislative package which bailed out the airline industry and imposed restrictions on the right of the victims' relatives to recover from the airlines in court. The Fund was established to protect the rights of the all the victims' relatives. The Special Master cannot take it on himself to alienate those rights.

We request therefore that the interim rules be amended and redefined to the extent that all caps be removed when computing economic loss, that jurisprudence precedents be used to calculate pain and suffering awards and that each victim's family case be addressed separately. Justice demands no less.

Individual Comment
Newtonville MA

2002-01-09