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9/11 rescue, cleanup workers reach health care settlement with City

A story published by the New York Times reports thousands of rescue and cleanup workers who were exposed to the toxic air at Ground Zero after the 9/11 tragedy at the World Trade Center have reached a settlement agreement with the city over damage to their health. According to the Times, the city has agreed to pay out up to $657.5 million to about 10,000 plaintiffs in the case.


The settlement agreement has been in the works for about two years, taking place among a great deal of confusion and disagreement about the city’s responsibility for injured workers. The city had claimed it was immune because injuries occurred during a national emergency or civil defense situation. However, injured workers and their families argued they were employed by the city and entitled to compensation as they would be for any injury incurred on the job.


According to the Times report, 95 percent of the plaintiffs in this case must accept the terms of the settlement for it to take effect. Each plaintiff’s case will then be examined individually to determine how much compensation that person will receive, which lawyers estimate could run anywhere from a few thousand dollars to as much as $1 million. Individual compensation will depend on the severity of illness and level of exposure to contaminants at the World Trade Center site.


A variety of health screening and tracking programs were established in the days and months following the September 11 tragedy. Workers and others who simply lived and worked near the disaster site began complaining of a variety of illnesses, especially respiratory problems. There is an official World Trade Center Medical Monitoring and Treatment Program, as well as studies conducted by the New York Fire Department and other organizations.


Some health problems presented immediately following exposure to the site, such as respiratory distress, while others are only just showing up in those who worked at the site. It is now known that the Ground Zero site was contaminated with asbestos at levels at least two times higher than the Environmental Protection Agency’s “safe” level. Because of the long latency period between exposure to asbestos and the development of mesothelioma – an average of between 10 and 50 years – the true effect of asbestos exposure may not be known for years to come.


Some of the plaintiffs involved in the current settlement are not yet ill, but fear they will develop illnesses in the future as a result of their exposure to the toxins like asbestos. According to the Times, the settlement provides a $23.4 million insurance policy to cover possible future claims.

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The Law Firm of Early, Lucarelli, Sweeney & Meisenkothen Secures $2 Million Settlement in Mesothelioma Lawsuit

We are excited to announce a recent victory by Attorneys Brian Kenney and Chris Meisenkothen of Early, Lucarelli, Sweeney & Meisenkothen on behalf of Hannibal Saldibar, a career tile setter from New Haven, Connecticut. Mr. Saldibar regrettably passed away in January 2010 from Mesothelioma, an asbestos related cancer.
The case [Gail Acquarulo, Executrix of the Estate of Hannibal Saldibar, Et al. vs. Tile Council of North America, Inc., F/K/A Tile Council of America, CV 09-5024498] was a case of first impression against the Defendant Tile Council in the country. This case was notably distinct from other product liability lawsuits in that the Tile Council did not manufacture the product but rather researched, designed, patented, formulated, licensed, marketed, advertised, inspected and made a profit from the sale of tiles using its asbestos-containing formula.
The Tile Council of America is a trade association made up of ceramic tile manufacturers who designed and developed dry set mortar formulas containing asbestos. Although the Tile Council did not actually make dry set mortar, it received royalties for each bag of dry set mortar sold; had oversight and control over the manufacture of the product; and advertised these products as Tile Council products. Because the Tile Council formulas were confidential, workers like Mr. Saldibar did not know asbestos was in the tile product; similarly, workers like Mr. Saldibar did not know that breathing the dust created when working with the defendant’s product could be hazardous and potentially life-threatening.
After a jury trial, on May 22, 2012, the jury was presented with evidence which showed that the Tile Council knew asbestos was dangerous and failed to warn. The evidence also showed that non-asbestos alternatives were available, however, the Tile Council did not rush these products to market for use.
Mr. Saldibar was awarded in excess of Two Million Dollars against the Tile Council.

View the original article here

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