dojN002025.xml

dojN002025.xml

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2002-01-18

Friday, January 18, 2002 10:40 PM
September 11th. Victim Compensaton Fund of 2001 Comments

Please open the attached letter that describes my families comments on the
Victim Compensation Fund of 2001. I will also fax a hard copy of the
letters, for your review.

Attachment 1,

The Family of
Victim of WTC Tragedy
9/11/01


January 18, 2002
Mr. Kenneth L. Zwick
Director, Office of Management Programs
Civil Division
United States Department of Justice
Main Building, Room 3140
950 Pennsylvania Avenue, N.W.
Washington, DC 20530-001

Re: September 11th Victim Compensation Fund of 2001
Dear Mr. Zwick:
We are writing to you on behalf of our family. We lost (daughter, sister-in-law and sister) in the World Trade Center Disaster. Congress demonstrated its concern for the victims of September 11, 2001, by creating the Victim Compensation Fund. It would appear that this Fund, indeed, was established to offset the negative effects the Air Transportation Safety and System Stabilization Act of September 22nd would have on any resultant wrongful death lawsuits. Clearly, the Victim Compensation Fund was enacted by Congress to offer a fair alternative to the bailout acts removal of our rights.
Unfortunately, we feel that the regulations established for the Victim Compensation Fund do not reflect the intent of the congressional statute as outlined under Title IV-Victim Compensation, of the Air Transportation Safety and System Stabilization Act. The regulations contradictions and violations of the statute are outlined in letter to you, dated January 10, 2002. Another copy of the letter will be faxed to you, for your reference.
The concerns include, but are not limited to the following:
Non-economic losses are far too low. In fact, they are one-tenth of those made in comparable cases. In other cases of airline crashes and terrorism, the non-economic damage awards typically range from $2.0 Million to $5.0 Million and higher in some cases. However, more to the point, Congress specifically did not cap this amount. In addition to the all other non-pecuniary losses of any kind or nature catch-all phrase, Congress cited at least eight other relevant elements of loss: (1) physical pain, (2) emotional pain, (3) suffering, (4) inconvenience, (5) mental anguish, (6) loss of enjoyment of life, (7) loss of consortium and (8) hedonic damages. However, the DOJ seems to have arbitrarily assigned a sum of $250,000, as a presumptive award. As we understand it the DOJ did not even look at or consider the congressional element of loss, but rather used the maximum life insurance amount that a servicemember can elect. It is commonly known as the Servicemembers Group Life Insurance program.
The DOJs economic loss calculations seem to be based on an out-dated table (1979/80) using national averages that are not representative of the New York area. Similarly, is unfairly considered by the outdated tables failure to recognize the place of women in the workplace. In general, it would appear that rather than considering the income-earning potential of the victim as is routinely done in wrongful death cases, outdated inadequate economic loss parameters are being used.
The regulations define dependency by a tax return. This is too severe. Dependency should include anyone financially or emotionally dependent upon the victim (decedent).
Collateral income provisions, as loosely defined in the Funds regulations, are unconscionable. The government should not penalize any family member for any charitable funds received or for any victims thoughtful foresight used when having insured their lives.
It would seem to me that making a family member sign a waiver not to sue without that person knowing the financial outcome is tantamount to financial blackmail. You are in effect saying I wont necessarily give you what you deserve, but you wont know for sure unless you sign a statement saying that you will not pursue any litigation against us or the airline industry. We do not know whether to be hurt as we are being re-victimized or to be angry at the lack of respect this shows our beloved .
Only special review cases will be assessed by the Special Master. There are no guidelines, there seem to be no rules, merely the Special Masters judgement. Since learning of all of the other items of inequity please forgive us if we do not necessarily trust the Special Master to treat the grieving, devastated families fairly. We simply do not.
The Special Master seems to forget that this is not a gift or an act of charity on the part of our government. Congress stripped us of our right to pursue meaningful wrongful death claims, while we were searching for our sister. In so doing, they tried to protect us by legislating this program. Please do not make a sham of Congress efforts to do the right thing for the families of innocent victims.

What is most extraordinary is the overall feeling of inequity. It is fundamentally unfair to trivialize the tremendous amount of suffering of each victim and each family. You drastically undervalue the non-economic losses by a minimum of $1.5 Million. You undervalue the economic validity and duration of the victim, by as much as 50%. You want to subtract other funds that have already been received.
Mr. Zwick, obviously you werent there on September 11th. I was. I was trying to get to my sister in WTC-2 when the second plane hit. The devastation cannot be adequately described. Victims in both towers suffered through terror that we probably cannot ever realize. Victims aboard airplanes suffered through a kidnapping, with the horrific knowledge of what was to befall them. Those in the World Trade Center suffered through the trauma of the planes crashing into the building and with raging fires so intense and unbearable that I watched as some chose to jump out of the 100+ story buildings, rather than endure the flames. Think of the last moments of others as the towers came crashing down. I know I do. I think of it every moment of every day. I see it occur all over again, every night in my nightmares. Each time I do, I try to change the nightmare so that this time I actually get to before the second plane does.
In light of all of this trauma and unspeakable grief, how can our wonderful country (we truly do love America) try to de-value the most valuable soul in our lives: my Mothers baby, my brothers favorite sister, my husbands closest friend and my best friend and favorite person in the world? We would urge you, please, to look at letter of January 10th and to amend the regulations to properly reflect the congressional intent as outlined in the Title IV-Victim Compensation statute. Please do not dishonor memory and value, but rather do what is honorable. Please do not inflict any more pain into our unbearably painful lives, by nickel-and-dime-ing the American victims of the Taliban and El Qaeda, while touting a $45.0 Billion package for the Afghani victims of the Taliban and El Qaeda.



Individual Comment
Jersey City, NJ

2002-01-18