Ailing 9/11 Rescue Workers Sue Insurance Fund & Mayor

Jane Akre
Contributor
Posted by Jane AkreJuly 18, 2007 5:08 PM

It's been nearly six years since the twin towers of the World Trade Center collapsed following a terrorist attack into "Ground Zero" devastation. In that time, thousands have waited for compensation from a $1 billion FEMA fund ordered by Congress to compensate rescue workers first on the scene amid the toxic air.

Now Worby Groner & Napoli Bern have filed suit in Manhattan Supreme Court seeking to rescue the funds they claim have been misused and squandered to pay for legal fees to defend the city rather than for the thousands of heroes who need medical treatment, monitoring and compensation.

The lawsuit, John Walcott, Frank Maisano and Mary E. Bishop v. WTC Captive Insurance Company Inc., et al., charges that the $1 billion fund, controlled by Mayor Bloomberg, the WTC Captive Insurance Co. and its agents have "unethically profited" from the fund, using $74 million to pay overhead and legal bills to fight the workers' claims.

So far only one rescuer has been paid $45,000 when he fell off a ladder.

Among the plaintiffs --former NYPD Detective John Walcott has leukemia, NYPD Detective Frank Maisano has severe lung disease, and Mary Bishop, a St. Vincent's Hospital worker is suffering with cancer, lung and digestive diseases.

It's estimated that a surge in cancer-related deaths among rescue workers has cost $393 million each year.

The suit says that the WTC Captive Insurance Company violated its fiduciary duties to protect and distribute the funds and it seeks a return of the monies that were improperly paid out. It also accuses the defendants of violating the Freedom of Information Law and holding secret meetings about public funds.

Marc Bern of Napoli Bern, says so far 120 rescue workers have died. He traveled to Washington this week to encourage the release of the funds. The firm is already battling the city in a class-action negligence suit on behalf of nearly 10,000 ill rescue workers.

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