$27 Million in Possible Cuts to Zadroga Act Funds Due to Inaction in Congress

If Congressional leaders in Washington, D.C. don't resolve their budget differences by this Friday, the first responders, survivors, construction workers, municipal workers and volunteers covered by the 9/11 Zadroga Act could lose $27 million.

The original funding for the Zadroga 9/11 Act, including the World Trade Center Health Program and the 9/11 Victim Compensation Fund is already woefully inadequate without the additional insult of the sequestration cuts.  The sad part is that this was completely predictable - and avoidable -  if Congress would simply do their jobs. 

Let's hope that all the partisan gamesmanship on both sides of the aisle in Washington is put aside by Friday so that the heroes and survivors of 9/11 are not harmed once again.  

Change in Brooklyn Zadroga Act 9/11 Victim Compensation Fund Seminar Dates

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Last week we alerted you to an upcoming series of informational seminars to be held in Brooklyn regarding the Zadroga Act 9/11 Victim Compensation Fund.  Since then, an additional seminar has been added and a few original dates have been modified. 

All upcoming Brooklyn 9/11 Victim Compensation Fund seminars are being held on Tuesdays between 4:30 - 5:00pm.  The new correct dates are December 11th and 18th 2012  and January 15th and 22nd 2013. We apologize for any confusion.

All seminars are sponsored by The World Trade Center Health Program’s Long Island Clinical Center of Excellence and will be held at their Brooklyn location at 760 Parkside Avenue (2nd Floor),  Brooklyn, NY 11226.  See MapQuest here .

Pre-Registration is Required. Space is limited.

To register, please call Migdalia Alonso at Turley. Hansen & Partners  toll free at 1-877-693-2529 x112.  We hope to see you there!

Zadroga 9/11 Act Lawyer Troy Rosasco Quoted in Long Island Newsday on New Cancer Rule

911-health.jpgCongratulations to Ridgley Ochs, Newsday's Health reporter, for her excellent article profiling 9/11 cancer victims and discussing the inclusion of over 50 cancers as covered conditions under the Zadtoga Act, including the World Trade Center Health program and the 9/11 Victim Compensation Fund.

Our client, Joe Vuoso, a court officer in lower Manhattan on 9/11, was profiled in the article:

For Joseph Vuoso, 68, of Mount Sinai, the ruling means he will be able to worry less about money and more about keeping himself alive. A court security officer at the Foley Square courthouse in 2011, Vuoso watched the towers fall and stayed at his post the rest of that week. The next year he was diagnosed with leukemia that has since become an aggressive lymphoma.

"We have heavy medical bills," he said. "I'm on seven different drugs and the co-pays are astronomical . . . I'm fighting to keep me here right now."

His attorney, Troy Rosasco of Ronkonkoma, who represents about 500 first responders, called having cancer covered "a godsend." But he, like others, said he is worried there won't be enough money.

"It sounds like a lot, but when you start calculating people with cancer who are now out of their careers, their lost wage claims can add up to millions," he said.

The cancers covered by the new Zadroga 9/11 Act rule  include:

1) Malignant neoplasms of the lip, tongue, salivary

gland, floor of mouth, gum and other mouth, tonsil,

oropharynx, hypopharynx, and other oral cavity and

pharynx

2) Malignant neoplasm of the nasopharynx

3) Malignant neoplasms of the nose, nasal cavity,

middle ear, and accessory sinuses

 4) Malignant neoplasm of the larynx

 5) Malignant neoplasm of the esophagus

 6) Malignant neoplasm of the stomach

 7) Malignant neoplasm of the colon and rectum

 8) Malignant neoplasm of the liver and intrahepatic

bile duct

 9) Malignant neoplasms of the retroperitoneum and

peritoneum, omentum, and mesentery

 10) Malignant neoplasms of the trachea; bronchus and

lung; heart, mediastinum and pleura; and other ldefined

sites in the respiratory system and

intrathoracic organs

 11) Mesothelioma

 12) Malignant neoplasms of the soft tissues (sarcomas)

 13) Malignant neoplasms of the skin (melanoma and nonmelanoma),

including scrotal cancer

 14) Malignant neoplasm of the breast

 15) Malignant neoplasm of the ovary

 16) Malignant neoplasm of the urinary bladder

 17) Malignant neoplasm of the kidney

 18) Malignant neoplasms of renal pelvis, ureter and

other urinary organs

 19) Malignant neoplasms of the eye and orbit

 20)  Malignant neoplasm of the thyroid

 21) Malignant neoplasms of the blood and lymphoid

tissues (including, but not limited to, lymphoma,

leukemia, and myeloma)

 22) Childhood cancers

 

Remembering... 9/11/2001 - 9/11/2012

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9/11 Zadroga Cancer Coverage Finally Official

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One the eve of the 11th anniversary of the World Trade Center attacks, the federal government has issued a final rule including nearly 50 cancers as covered conditions under the James Zadroga Health and Compensation Act of 2010.  The rule will become law 30 days after it is published in the Federal Register on 9/12/2012.

It could not come too soon for the many 9/11 first responders, construction workers and area residents who are living with cancer today as a result of the toxic exposures at Ground Zero.  Unfortunately, it is too late for those who have already died from to 9/11 related cancers.

Turley Hansen 9/11 Victim Compensation Fund client Joseph Vuoso was profiled in Newsday today in relation to the welcome news of the final cancer coverage ruling.   In addition, our Zadroga Act client James Bruisma, a former NYPD Detective with lymphoma, was interviewed on FIOS 1 today. 

Today's Zadroga Act cancer victory was the result of the hard work of many within the 9/11 community, including Congressional leaders, the Fealgood Foundation and dedicated 9/11 Zadroga Act attorneys who testified and lobbied for cancer inclusionOur next goal must be to make sure all those who are in dire need of medical care and compensation receive their benefits swiftly. 

Lawyers Abandoning 9/11 Zadroga Victim Compensation Fund Clients

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First, the New York Post reports this past Sunday that the much maligned law firm of Worby Groner & Edelman & Napoli Bern ("that firm") is dumping all it's former 9/11 "litigation clients" and will not represent them in any future Zadroga Act Victim Compensation claims. However, they will not dump the "virgin" non-litigation clients. There is still money in "fresh" cases.

Instead, they will sell the paper in the litigation files at a discount to certain specified attorneys, but only if the now dumped clients go with the Worby Napoli selected attorneys.  To make the transition easy, according to the Post, Worby Napoli paid the postage to include new retainers for the clients to sign and return to their newly selected attorneys, Noah Kushlefsky and Michael Barasch. Obviously, a deal has been struck between these lawyers.

Then yesterday, another 9/11 law firm, Parker Waichman LLP, sends out an official press release in response to the New York Post client dumping article saying they continue " to Stand by Heroes of 9/11, Pledges to Stand with, not Abandon, Zadroga Act Clients".  What a selfless, honorable press release!  Thank goodness there are still lawyers like this in the world!

So let's get the score straight so far. Worby Groner Edelman Napoli and Bern are abandoning 9/11 clients;  Parker Waichman Kushlefsky and Barasch are not abandoning.  Who's on deck? 

Who cares? All this jockeying amongst various attorneys regarding representation of now dumped 9/11 clients is rather disgusting.  Seriously ill 9/11 rescue, recovery and cleanup workers are hurt by these shenanigans.  Essentially, all the dumped clients will now have to fork over another 10% fee to new lawyers because  "that firm" decided that earning $200 million on the original case would not compensate them fairly to finish up the Zadroga paperwork for their clients too.  It truly is shameful.

Which WTC Cancers Will be Covered by Zadroga 9/11 Victim Compensation Fund?

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Now that the World Trade Center Health Program Scientific and Technical Advisory Committee has recommended that the 9/11 Victim Compensation Fund  should be expanded to include cancer, the next major question is which particular cancers should be covered? 

Our office has long advocated to Dr. John Howard, Director of NIOSH, for inclusion of cancer coverage under the the re-opened 9/11 Victim Compensation Fund as part of the Zadroga Act.   We currently represent over 40 clients with different forms of cancer which their doctors believe are related to their exposure to toxins at Ground Zero or other impacted areas such as the morgue or Fresh Kill landfill.

So which types of cancer should be covered under the WTC Health Program and the 9/11 Victim Compensation Fund?  While we believe that every individual exposed to WTC toxins should be allowed to make their own medical case for inclusion of their particular cancer.  However, practically, we know that the World Trade Health Center Program will likely only cover certain types of cancer

At a minimum, Turley, Hansen and Partners believe  that the following types of cancer should be included in the World Trade Center Health Program and that claimants with such cancers should be allowed to apply for compensation through the 9/11 Victim Compensation Fund:

  • Blood Cancers, including Multiple Myeloma, Leukemia and Non-Hodgkins Lymphoma
  • Head, Neck and Throat cancer
  • Oral cancer, including Tongue Cancer and Nasopharyngeal Cancer
  • Thyroid Cancer
  • Esophageal Cancer (Cancer of the esophagus)
  • Lung Cancer, including Mesothelioma
  • Kidney Cancer
  • Bladder Cancer
  • Prostate Cancer
  • Colon Cancer
  • Melanoma (skin) Cancer 

9/11 Victim Compensation Fund Releases Economic Loss Damages Illustrations

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The re-opened 9/11 Victim Compensation Fund released examples of various economic loss and potential damage awards on 12/27/2011 which you can see here.  

They also discuss the initial pro-ration of awards as well as the two-part award distribution process ending in 2016.  Finally, these helpful illustrations also discuss deductions for certain collateral source payments such as disability pensions and Social Security Disability.   This may also help those who are currently trying to make the hard decision whether to pursue 9/11 Victim Compensation Fund benefits or gamble on a lawsuit. 

The illustrations are fairly straightforward, but should you have any questions, please do not hesitate to call Dan Hansen or Troy Rosasco at 1-855-WTC-INFO.  

Should 9/11 Responders Drop Pending Lawsuits by 1/2/2012 in Favor of Zadroga Act Federal Victim Compensation Benefits?

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To use an analogy, are you a "conservative investor" or do you like to take more risk? Or said another way, are you willing to gamble with litigation and pay your lawyers 25 or 33 1/3 % of a potentially higher return, or would you rather receive a quicker determination from the 9/11 Victim Compensation Fund re-opened by the James Zadroga Act and pay your lawyers only 10% as capped by law?

As reported by the Associated Press on 12/25/2011, if you are one of the estimated 1600 responders who still have a pending 9/11 lawsuit (not one where you are simply waiting to receive full payment), you have a choice to make prior to January 2, 2012.   Therefore, you essentially have to make the decision now.

Under the Zadroga Act, in order to claim benefits under the 9/11 Victim Compensation Fund, anyone with a pending 9/11 related lawsuit must withdraw from such lawsuit by January 2, 2012. The details of what one has to do to withdraw from such a lawsuit are below:

2.13 If I participated or am currently participating in a lawsuit related to September 11th, can I participate in the VCF? (Updated: December 5, 2011)

Yes, if you withdraw from the lawsuit or settled the lawsuit as described below. Therefore, if you or any dependent, spouse or beneficiary has filed a lawsuit or have been a party to a lawsuit in any Federal or State court relating to or arising out of damages sustained as a result of the terrorist-related aircraft crashes of September 11, 2001 or for damages arising from or related to debris removal (other than a lawsuit to recover collateral source obligations or a lawsuit against any person who is a knowing participant in any conspiracy to hijack or commit any terrorist act), you may be able to obtain compensation from the VCF if you meet the following conditions (and if you are otherwise eligible):

  • Pending actions: Individuals who have filed a lawsuit described above or who are a party to such a lawsuit may not file a claim with the Special Master unless they withdraw from such lawsuit on or before January 2, 2012. You must submit proof of timely withdrawal with your claim. For purposes of the Eligibility Form, you may submit either a court order establishing that the action has been discontinued and/or dismissed dated on or before January 2, 2012 or a notice/letter of withdrawal filed on the ECF system in the relevant docket on or before January 2, 2012. For purposes of receiving compensation, you must submit the final order of the court confirming the withdrawal or dismissal or all claims. That order may be dated after January 2, 2012 only if you have provided proof that you filed a notice of withdrawal on the ECF system in the relevant docket on or before January 2, 2012.
  • Settled actions: In the case of an individual who settled a lawsuit described above, such individual may not submit a claim with the VCF unless the lawsuit was commenced after December 22, 2003 and a release of all claims in such lawsuit was tendered by the individual, or by the individual’s attorney (provided the attorney has authority to tender the release) prior to January 2, 2011. You must submit proof documenting the date of commencement and release of all claims with your claim. If an attorney signed and submitted the release on behalf of the individual or the individual’s dependent, spouse or beneficiary, a copy of the retainer agreement with the attorney in the settled lawsuit must be submitted as proof that the attorney was authorized to sign the release.

If you have participated or are currently participating in such a lawsuit, you must certify on your claim form that the above conditions are satisfied.

So, should you withdraw?  Bottom Line - every individual must make the decision based upon the facts of their own case, unbiased competent legal advice and their own tolerance for risk. Clearly, the litigation route is riskier because lawyers will have to prove "fault" by the defendants, while the 9/11 Victim Compensation Fund is a safer because you only have to prove damages.  However, the litigation route could lead to a greater recovery, even after you pay the higher percentage attorneys' fees.

Can you get unbiased advice from an attorney who stands to gain more fees in litigation? I am not so sure.  Read the letter here from the law firm of Worby, Groner Edelman & Napoli Bern, LLP dated 12/21/2011 which was sent to one of my clients  and followed up with a phone call, urging him to reconsider his previous decision to apply for the federal Zadroga Act 9/11 Victim Compensation Fund. You be the judge. In my opinion, these types of letters almost demand an second legal opinion.

When I pointed out to my client that the letter from Worby Groner itself was factually wrong - he has been receiving Social Security Disability benefits for some time -  my client decided to stay with the safer and potentially more generous 9/11 Victim Compensation Fund.  

As John Feal urges in the attached letter, be careful out there and make the right decision in based upon the facts after advice from an attorney you trust. 

If you do choose to withdraw from your pending lawsuit in favor of Zadroga Act benefits, I suggest you send your current litigation lawyer a letter by FedEx tomorrow stating that you wish to "withdraw from any and all pending 9/11 lawsuits" and asking them to "take all actions to preserve my right to file a Zadroga claim".  Unfortunately, you really need to do it now!  Good luck! 

 

 

"God is our Refuge and our Strength ... we Will Not Fear", Psalm 46

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Lawline Offers Free 9/11 Zadroga Claim Webcast and CLE with Troy Rosasco

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If you are looking for information regarding the recently published Final Rules for the Zadroga 9/11 Act Victim Compensation Fundjoin Lawline's free CLE Webcast this upcoming Monday, September 12, 2011 at 2:30 pm entitled: The 9/11 Victim Compensation Fund Final Rules.

I will be covering the following topics on the hour long broadcast:

1)      The 9/11 Victim Compensation Fund (VCF) Final Rules were published by Special Master Sheila Birnbaum on August 29th, 2011.  What changes were made from the “draft rules” which came out  June 21st?

2)      When will the 9/11 Fund be open for new claims?

3)      How does a first responder or victim file a claim with the VCF?

4)      How long will it take the  VCF and Special Master to determine monetary damage awards?

5)      What facts will the awards be based on?

6)      Will claimants receive their full award soon after their award amount is determined?

7)      What are the pros and cons of hiring an attorney to help you with your 9/11 VCF claim?

8)      9)      What medical conditions are eligible for compensation under the VCF currently?

10)   Why isn't cancer covered yet? What is the impact of the recent FDNY study linking firefighter toxic exposures at Ground Zero to an increased chance of developing cancer?  

11)   Why is PTSD covered under the 9/11 Fund for medical treatment, but not compensation?

12)   Does the 9/11 Fund have enough money to pay out all of the expected claims? How many claims are expected?

I hope you can join us! 

New FDNY Scientific Study in the Lancet Medical Journal Links Cancer to 9/11 Ground Zero Toxic Exposure

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According to an exclusive article in today's New York Post, a new scientific study linking 9/11 toxic exposure at Ground Zero among NYC firefighters and certain types of cancers  will be published next month in the prestigious peer-reviewed medical journal, The Lancet.

This will hopefully be the concrete scientific evidence that Zadroga 9/11 Victim Compensation Fund Special Master Sheila Birnbaum needs to allow first responders with certain cancers to file for compensation under the new Zadroga 9 11 Act.

The seven year federally funded study published in the The Lancet (which is world renowned and has been continually published since 1823)  is expected to contradict the prior determination of Dr. John Howard, Director of NIOSH, who previously found that there was not enough evidence to link certain cancers to Ground Zero toxic exposures.

9/11 Victim Compensation Fund Special Master Sheila Birnbaum has repeatedly stated that she will review the eligibility criteria for first responders with 9/11 related cancers based upon new scientific evidence linking exposure to certain cancers.  This study appears to be the missing link. 

We will anxiously await the publication of this important study. Thanks to Susan Edelman and Sally Goldenberg for breaking this important 9/11 cancer link story in the New York Post.

 

 

WTC Victim Compensation Fund Lawyer Hansen Quoted on New Zadroga Act Rules

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(Dust Cloud from WTC Approaches Turley, Hansen law offices in Woolworth Building)

Daniel J. Hansen, a partner at the Zadroga Act Claim law firm of Turley, Hansen & Partners  was quoted last week in Metro NY on the new 9 11 Victim Compensation Fund draft rules  released by Special Master Sheila Birnbaum.

Like his partner Troy Rosasco, Hansen was disappointed that the new rules only permit compensation for "physical harm", not for psychological injuries. "Unfortunately, for the people that are suffering from debilitating cases of post-traumatic stress disorder, the line was drawn against them," said Hansen. He gave an example of a corrections officer who unearthed both a woman's body and a child's hand, causing nightmares and other symptoms to this day.

First responders and victims will have a chance to meet and hear from the new 9/11 Victim Compensation Fund Special Master, Sheila Birnbaum, at a "Town Hall" meeting tomorrow night, 6/29 from 6:00pm to 8:30pm at the United Federation of Teachers office located at 50 Broadway in lower Manhattan.

If you cannot be there, we will be reporting in "real time" on Twitter @TroyRosascoEsq  . Please feel free to join us.

 

Zadroga Act Lawyers Hansen and Rosasco Interviewed for BBC Documentary Film on 9/11 10th Anniversary

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The British Broadcast Corporation (BBC),  a worldwide leader in television news reporting, visited our side of the pond last week to interview Turley Hansen Partner Troy Rosasco  at our office in The Woolworth Building in lower Manhattan for a documentary commemorating the 10th Anniversary of 9/11. 

Troy Rosasco answered questions about the new Zadroga 9/11 Act and re-opening of the 9/11 Victim Compensation Fund.  In addition, the BBC interviewed one of our clients about how his 9/11 related illnesses have changed his life over the last nearly 10 years. After leaving our office, they were off to interview Congressman Jerrold Nadler, Co-Sponsor of the Zadroga Act in the US House of Representatives.

The documentary special is being broadcast to coincide with the 10th Anniversary of 9/11, which is now less than 100 days away. In addition, it will be broadcast in podcast format on the BBC radio program "Crossing Continents". It was a pleasure working with Linda Sills and her entire BBC production team for this important documentary.

Sheila L. Birnbaum Chosen as Zadroga 9/11 Act Victim Compensation Fund Special Master

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Finally! After an extended and anxious wait by claimants since the Zadroga 9/11 Act  was signed by President Obama on January 2, 2011, the the choice for the all important Victim Compensation Fund "Special Master"  has been named by Attorney General Eric Holder. Sheila L. Birnbaum, one of the nation's most experienced tort litigators and a Partner at the NYC mega Law Firm of Skadden Arps , will now fill the shoes that were once filled by prior Special Master Kenneth Feinberg. 

Ms. Birnbaum was recently successful in mediating $500 million of 9/11 litigation claims that were not part of the larger settlement with New York City at the request of federal Judge Alvin Hellerstein.  We will have more information and analysis on this announcement and what it might mean for our Zadroga Act clients shortly.  

 

Zadroga Act Attorney Daniel J. Hansen Publishes Article on WTC 9/11 Victim Compensation Fund Claims

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Daniel J. Hansen, one of New York City's most successful trial attorneys, recently published an article on the new Zadroga 9/11 Act in The Suffolk Lawyer, the official publication of the Suffolk County Bar Association, located in Long Island, New York. Last year, Mr. Hansen obtained a $19.6 million verdict for an injured construction worker.Dan is based out of our Manhattan office in the historic Woolworth Building at 233 Broadway.

The article details the differences between the original 9/11 Victim Compensation Fund and the Zadroga Act Fund which is slated to re-open this summer. Specifically, there are considerable differences in the definitions of who is a "WTC first responder" and what was the "WTC crash site"  for eligibility purposes. The good news is that generally, the Zadroga 9/11 Act greatly expands coverage for injured and ill rescue, recovery and clean-up workers.   

You can see Daniel Hansen's article on the Zadroga 9/11 Act from the Suffolk Lawyer here.

Zadroga Lawyer Submits Written Comments to NIOSH on Ground Zero WTC Cancers Among First Responders

Osama Bin Laden Dead! God Bless the USA! Now Let's Keep Our Promises to the Victims and Survivors of 9/11 and Ground Zero

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Today is a day of joy mixed with sorrow for all 9/11 victims and their families. On behalf of Turley, Hansen & Partners, we hope the long overdue punishment and death of Osama Bin Laden brings you some closure.  We know that Bin Laden's death will not bring back your loved ones or restore you to your pre- 9/11 health, but hopefully it will aid in the healing process. 

With this chapter of the World Trade Center story behind us, Turley Hansen reaffirms our continued efforts to to aid all those who are currently ill as a result of their exposure to dust and toxins at Ground Zero.  

To this end, Turley Hansen & Partners submitted written comments to NIOSH last Friday regarding the inclusion of certain cancers among the list of WTC illnesses covered by the Zadroga 9/11 Act. We will continue to move forward addressing the medical needs of 9/11 first responders.

Will R. Blake Chisam be the Zadroga 9/11 Victim Compensation Fund Special Master?

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According to a recent NY Times article, R. Blake Chisam has broad support among first responders, victims, 9/11 family members, lawmakers and 9/11 activists to become the next Special Master  of the  9/11 Victim Compensation FundHe is a former Prosecutor on the House Ethics Committee, and his prosecution caused the fall from grace of powerful Rep. Charlie Rangel of New York.

As we previously reported, Kenneth Feinberg was the Special Master of the original 9/11 Victim Compensation Fund, and offered to repeat this role with the new Fund. However, he is currently busy administering the BP Gulf Oil Disaster Fund and obviously could not do both.

According to the NY Times, Attorney General Eric Holder has also interviewed two other highly respected lawyers for the 9/11 Special Master position. They include Sheila L. Birnbaum, a lawyer well known for representing corporations in mass environmental negligence claims, and Jay Lefkowitz, a top litigator with White House experience in both Bush administrations.

 

Zadroga 9/11 Act Webinar Powerpoint Presentation by Turley Hansen & Partners

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Last Saturday, Turley Hansen & Partners had a great turn out for our first of a series of Zadroga Act Informational Webinars. For those of you who could not attend, you can get our Zadroga 9/11 Act Information Powerpoint Presentation here.

Our cutting edge technology allows us to put on a live presentation for up to 1000 attendees interested in learning more about the new Zadroga Act.  Each attendee can ask questions either using a headset and built-in "Chat" software, or by a toll free 800 number.

Given the success of our first webinar, we will be presenting additional Zadroga Act webinars on more detailed issues in the near future.  We will announce upcoming webinar dates on this site. Stay tuned!

Zadroga Lawyers Turley Hansen & Partners Sponsor Mets 9/11 Hero of the Game

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Turley, Hansen & Partners, Zadroga Claim Attorneys, is proud to announce their sponsorship of the Mets " 9/11 Hero of the Game" on WFAN radio

If you know of a 9/11 Hero who you would like to nominate for on air recognition at Mets home games, please use the Turley Hansen & Partners "9/11 Hero of the Game" Nomination Form here.  

Every day we speak to 9/11 heroes who are sick and dying due to their toxic exposure at Ground Zero. Just today I spoke to two heroes currently in hospice programs receiving only palliative care.

While public recognition of our gratefulness for their selfless and heroic actions may not change the course of their disease, we hope that by sponsoring the "9/11 Hero of the Game", it may lift their spirits.   Please join us during Mets home games in saluting our "9/11 Hero of the Game". 

If you have any questions regarding your eligibility for compensation under the Zadroga 9/11 Act, please call us at 1-855-WTC-INFO .

9/11 Zadroga Act Claims Free Webinar: What You Need to Know About the Victim Compensation Fund

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Join us for a Free Zadroga Act Webinar on March 26

Register Now

Space is limited.
Reserve your Webinar seat now at:
https://www3.gotomeeting.com/register/330686110

Did you (or a family member) participate in the rescue, recovery or cleanup activities at Ground Zero? Are you now ill from breathing and ingesting toxic dust and fumes at the World Trade Center site? If so, you may be entitled to a financial award from the recently reopened federal Victim Compensation Fund in the Zadroga 9/11 Act.

Join experienced New York 9/11 Victim Compensation Fund (VCF) attorneys Troy G. Rosasco and Daniel J. Hansen for a fact filled webinar discussing the new Zadroga Act. Subjects covered will include:

  • Who is Eligibile?
  • What Illnesses are Covered?
  • How Do You File a Claim?
  • What is Needed to Prove Your "Damages", including "pain and suffering"?
  • Who is the "Special Master"?, How Much Money Can You Expect to Receive?
  • Can You File if You Already Collected Money from the Old VCF or other Lawsuits?
  • How Long Will the Claims Process Take?

Join us for this lively, interactive Webinar (online seminar) to get the answers you (and your loved ones) need to protect yourself and get the financial compensation you deserve. You can participate either through your computer or our special Toll Free telephone number.

Title: 9/11 Zadroga Act Claims : What You Need to Know About the Victim Compensation Fund 

Date: Saturday, March 26, 2011

Time: 12:00 PM - 2:00 PM EDT

After registering you will receive a confirmation email containing information about joining the Webinar.

System Requirements
PC-based attendees
Required: Windows® 7, Vista, XP or 2003 Server
Macintosh®-based attendees
Required: Mac OS® X 10.4.11 (Tiger®) or newer

Facts About 9/11 Victims Compensation Under The Zadroga Act

Facts About 9/11 Victims Compensation Under The Zadroga ActWhat is the Zadroga 9/11 Victims Compensation Fund?

On January 2, 2011, President Obama signed the James Zadroga 9/11 Health and Compensation Act of 2010. James Zadroga was a NYPD Detective who died from inhaling toxic dust while working at Ground Zero. He inspired Congressional passage of federal funds that would provide for healthcare and compensation benefits to those who became sick or died as a result of exposure to Ground Zero toxins.

Who’s Eligible to File a Claim?

How Do I File a Claim?

Find out the answers to these questions by downloading our brochure.

If you have questions, please call us toll free at 1-855-WTC-INFO and visit our Victims Compensation Fund Information website at www.zadrogaclaimsinfo.com.

Zadroga Act Attorney Appears on Fox News with 9/11 Firefighter Widow

9/11 Widow Wins Benefits Appeal: MyFoxNY.com

Chet Lukaszewski, Esq. one of our Zadroga Claim Lawyer Partners, appeared on the Fox News' Good Day New York program this week with Jacki Kaht Fernandez, widow of 9/11 hero, FDNY Lt. Cruz Fernandez, who died of a heart condition related to his service at Ground Zero.

As reported here earlier, Chet won a groundbreaking Court victory for all NYC Firefighters who are fighting for WTC related disability pensions.  The Court told New York City that they did an inadequate job of evaluating the evidence in this medically complex case. Mr. Lukaszewski did his homework and lined up the proper expert testimony to establish that Lt. Fernandez' lung condition contributed to his heart condition and subsequent death.

It is exactly this type of hard work and determination that Zadroga Victim Compensation Fund Attorneys will have to expend to maximize their client's financial awards for those with the most serious Ground Zero illnesses and injuriesWe are lucky to have lawyers with Chet's skills on our team. 

Zadroga Lawyer Troy Rosasco Testifies at Victims Compensation Fund Hearings

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Zadroga Act lawyer Troy Rosasco  provided compelling testimony yesterday at the public hearings held by the National Institute for Occupational Safety and Public Health (NIOSH) to support the broad rights of 9/11 victims. 

In his testimony, Mr. Rosasco urged Federal Regulators, including a direct appeal to NIOSH Director John Howard, M.D., that the regulations for the 9/11 Victims Compensation Fund must include the victims who suffer from the various forms of cancer as a result of their exposure to the toxic dust and gasses released by the 9/11 attacks.

Mr. Rosasco supported his arguments to the regulators by pointing out the fact that other federal and state agencies, including the New York State Workers' Compensation Board, NYC Disability Pension System and implicitly the federal Social Security Administration, recognize the causal connection between the toxic 9/11 cloud and the host of cancers and other injuries that are being diagnosed is people who were exposed to the dust and debris.

Mr. Roasaso further urged Dr. Howard and the other Federal Regulators to include Post Traumatic Stress Disorder (PTSD) in the list of conditions that are covered by the Zadroga Act Victims' Compensation Fund

Mr. Rosasco's comments were met with applause by the countless 9/11 victims present at the hearings, and welcomed by Dr. Howard and the other Federal rule-makers.

Zadroga 9/11 Act Information Videos for Victims and Survivors

 

 ZadrogaClaimsInfo.com is pleased to announce a new series of Internet videos produced by our attorneys explaining the Zadroga Act and  the 9/11 Victim Compensation Fund. These videos are intended to give victims and survivors of the 9/11 World Trade Center tragedy more helpful information, insight and commentary about their rights under the Zadroga Act and the 9/11 Victim Compensation Fund.

You may watch these videos either on our own new Disability and Compensation Claims Video Channel  or on our new You Tube Disability and Compensation Claims Channel. Our first series of six Zadroga Act videos cover such topics as :

  1. Overview of the James Zadroga 9/11 Health and Compensation Act of 2010
  2. What are the Most Common Medical Conditions in 9/11 WTC Victim Compensation Fund (VCF) claims?
  3. Are you eligible to file a Zadroga 9/11 WTC Victim Compensation Fund claim?
  4. Can you file a claim with the Victim Compensation Fund if you participated in a prior 9/11 lawsuit?
  5. How do I File a 9/11 WTC Victim Compensation Fund Claim?
  6. How do I Choose the Right Zadroga Act Victim Compensation Fund Lawyer?

We will be adding new videos shortly as new information about the Zadroga Act  becomes available. Once President Obama appoints the 9/11 Victim Compensation Fund Special Master who will administer the Fund, hopefully in the next few weeks, we will be posting new videos on the updated regulations and procedures for filing claims. Please let us know which Zadroga 9/11 Act topics you would like to see new videos on and we will try and produce them as soon as possible.

As we previously posted here, we will be attending the Zadroga Act Public Informational Meeting on medical benefits this Thursday, March 3rd, in lower Manhattan. We will be blogging live on Twitter from that meeting to give you the latest news and analysis which you will be able to follow at our Twitter Feed on the right hand side of this site. Talk to you then!

 

Zadroga Act Lawyer for a Second Opinion on 9/11 Lawsuit Settlement

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If I have a 9/11-related lawsuit that is NOT settled, can  I file a non-lawsuit administrative claim under the Zadroga Act?

The answer is NO! 

The Zadroga Act states, to be eligible for compensation under the 9/11 Victims Compensation Fund, an injured claimant who is part of a lawsuit that has not yet fully settled, MUST withdraw from any lawsuit. While this provision does not affect those who have already settled 9/11 lawsuits and paid legal fees ranging from 25% to 33 1/3 % to their old lawyers, many claimants in related 9/11 litigation may not have settled their 9/11 lawsuits to date. These injured victims and first responders should not feel pressure to settle their lawsuits now! It may hurt them financially to do so now.

In particular, the Zadroga Act  states that:

an individual may NOT submit a claim for Victims Compensation unless such individual withdraws from such action within 90 days from the date on which Zadroga regulations are issued (the regulations are expected soon).   A lawsuit settled after January 2, 2011 (the date that the Zadroga Act was signed into law), disqualifies the injured person from any right to file a claim for Victims Compensation. 

Should I call a new Zadroga Act Lawyer for a Second Opinion?  

A claimant may want to get a second opinion from a different Zadroga Act lawyer since, as reported in the Daily News, some:

 " lawyers do better with the lawsuits, where they earn 25%, instead of a maximum of 10% under the Zadroga law."  

A second opinion from a new, unbiased Zadroga Act lawyer guarantees that any possible conflict of interest that the lawsuit lawyer may have in recommending that an injured person continue with a lawsuit -where the lawyer's fee is 25% (or even more) - rather than file a Zadroga Act claim where the lawyer's fee is much less (at most 10%, sometimes less).

A second opinion from an  new Zadroga Act lawyer  avoids the potential "mixed signals" given to the 9/11 victims from the 9/11 lawsuit lawyers.  Visit us in our offices in the historic Woolworth Building in lower Manhattan or one of our other convenient locations. You may pay lower legal fees!

 

Zadroga Act 9/11 Health Benefit Informational Public Meeting Set for March 3rd

 

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All 9/11 victims and first responders who want more info on the health benefits contained in the new Zadroga 9/11 Act should be aware of the just announced NIOSH informational public session scheduled for 3/03/2011 in lower Manhattan.   Troy Rosasco and Daniel Hansen  will be attending from our firm and will report that night on our impressions and analysis.

Attendance is limited to the first 300 due to space limitations, but their will be a call-in audio feed for those who cannot attend. The toll-free call-in number is 1-800-619-8873; pass code 8693287.  More information about the Zadroga Act meeting is explained in Jon Gelman's excellent recent blog post here.

Zadroga 9/11 Victims Compensation Fund Covers Ground Zero Sanitation Workers, Cleaners, Porters & Window Washers

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Last week, we reported that utility workers working near Ground Zero are covered by the recently reopened 9/11 Victims Compensation Fund in the Zadroga Act, giving these workers the right to file a claim for compensation for 9/11-related conditions and injuries.  The Zadroga Act, which reopened the Victims Compensation Fund (VCF), has opened the fund to a wide variety of 9/11 first responders and clean-up workers.

The Zadroga 9/11 Health and Compensation Act  has vastly expanded the definition of who is able to file a claim from the original law (covering first responders and survivors only), to those workers and volunteers who assisted, in any way, in the clean-up efforts.  

The new Zadroga Act, which reopens the Victim Compensation Fund (VCF) of 2001, defines this large class of workers and volunteers eligible for monetary compensation to include:  

1. Sanitation workers

2. Window washers near Ground Zero

3. Commercial cleaners in the building or areas surrounding Ground Zero. 

4. Porters, janitors, and others who cleaned the toxic dust and debris and fallout from Ground Zero. 

5. City workers and private carting and sanitation workers who removed the debris and refuge from the 9/11 sites, including along route to any dump or landfill.

6. Barge and other maritime workers (dockworkers, captains, and others) who helped move the debris from Ground Zero and the surrounding areas. 

7. Truck drivers and their helpers who transported or handled the debris and materials from the World Trade Center or the nearby areas

8. Transfer station workers who handled or helped move debris and materials from the 9/11 sites

Check back soon when we will discuss what qualifies as "debris removal" under the new Victims Compensation Fund.

 

Zadroga 9/11 Act Questions and Answers from Congresswoman Carolyn Maloney

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Congresswoman Carolyn Maloney, and her top-flight office staff, provided a wealth of helpful information today on the Zadroga Act as interpreted by the reputable and unbiased Congressional Research Service (CRS).

Some teachers leave for home at the end of the last period of the day. Some stay late to give extra help to their students. If Congresswoman Maloney were a teacher, she would be staying late to benefit her pupils. She is a real professional and is showing it once again, to the benefit of all 9/11 victims.  

Verizon, Con Ed, AT&T and Other Utility Workers Covered by 9/11 Zadroga Victim Compensation Fund

As first reported here earlier this month, the Zadroga 9/11 Act   opens the Victim Compensation Fund to a wide range of workers and volunteers who helped in the clean-up of the World Trade Center sites who were present beyond just the date of the attacks , unlike the original Victims Compensation Fund. This includes utility workers.

One of our first 9/11 clients was a young New Jersey  telecommunications technician who worked for Sprint for months after the attack restoring service.  Unfortunately, due to his exposures at Ground Zero, he was diagnosed with, and later died from, interstitial lung disease.  Interstitial lung disease is often caused by exposure to dusts, including asbestos and silica.  Despite his family's tremendous loss, we were later able to obtain a substantial financial award for his widow and children.

Another one of our clients who worked for Verizon at the WTC site restoring service was later diagnosed with nasopharyngeal cancer (carcinoma). Thankfully, this young man's cancer is now in remission and he has since returned to work.  We are now working on his Victims' Compensation Fund claim.  Finally, one of our long-standing client's who was working for an electrical contractor was recently diagnosed with leukemia, a blood cancer too often seen among 9/11 rescue and repair workers, due in part to the high amount of the toxic chemical "benzene" found at Ground Zero. We are now preparing to file his claim with the Victim Compensation Fund.

As you can tell, one large category of workers and volunteers that were crucial to the cleanup efforts were the utility workers such as Con Ed, Verizon, AT&T, Sprint and other utility workers who worked in the WTC area in the 8 1/2 months after 9/11.  Also included in the new Victim Compensation Fund are the Verizon workers who were in the Verizon offices at 140 West Street on the date of the attacks who suffered injures on 9/11 or have developed any 9/11-related illnesses since that time. 

Most importantly, the Zadroga 9/11 Act vastly expanded the Victims Compensation Fund by not limiting claimants to the area around the World Trade Center site itself, but expanding it to the surrounding buildings and lower Manhattan neighborhoods.  In particular, the Victim Compensation Fund was expanded to include workers at:

  • the World Trade Center site,
  • the buildings or portions of buildings that were destroyed as a result of the terrorist-related aircraft,
  • any area contiguous to a site of such crashes that the Special Master determines was sufficiently close to the site that there was a demonstrable risk of physical harm resulting from the impact of the aircraft or any subsequent fire, explosions, or building collapses (including the immediate area in which the impact occurred, fire occurred, portions of buildings fell, or debris fell upon and injured individuals), (such as dust, debris, etc.)and
  • any area related to, or along, routes of debris removal, such as barges and Fresh Kills. 

 

 

Nadler Says Manhattan Downtown Residents Eligible for Zadroga 9/11 Victims' Compensation Fund Awards

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Are downtown Manhattan residents who were exposed to toxic dust as a result of the 9/11 attacks and clean up eligible for a Victims' Compensation Fund (VCF) Award under the new Zadroga 9/11 Act?

The answer is YES, according to Congressman Jerrold Nadler, Co-Author of the James Zadroga 9/11 Health and Compensation Act of 2010.

As reported in The Tribeca Trib, there was confusion regarding Zadroga 9/11 Act eligibility for downtown Manhattan residents.  Congressman Nadler, co-author of the Zadroga Act, issued a statement clearly stating that downtown residents, who were not first responders, were also eligible foe a monetary award under the Victim Compensation Fund.

In fact, the World Trade Center 9/11 Crash site, which in part determines eligibility for downtown residents by extending the "WTC Crash Site", has been expanded.  The new definition of the World Trade Center Crash Site has been expanded in the Zadroga 9/11 Act:

(14) 9/11 CRASH SITE- The term `9/11 crash site' means--

(A) the World Trade Center site, Pentagon site, and Shanksville, Pennsylvania site;

(B) the buildings or portions of buildings that were destroyed as a result of the terrorist-related aircraftcrashes of September 11, 2001;

(C) any area contiguous to a site of such crashes that the Special Master determines was sufficientlyclose to the site that there was a demonstrable risk of physical harm resulting from the impact of theaircraft or any subsequent fire, explosions, or building collapses (including the immediate area in which the impact occurred, fire occurred, portions of buildings fell, or debris fell upon and injured individuals);

and

(D) any area related to, or along, routes of debris removal, such as barges and Fresh Kills.'.

The Bottom Line - if you were a downtown Manhattan resident and you suffered injuries or illness related to the 9/11 crash or clean-up, you may be eligible for both health care benefits and a monetary award from the VCF as a result of the new Zadroga 9/11 Act.

If you have questions on potential eligibility, call Troy Rosasco toll free at 1-855-WTC-INFO x123. 

9/11 Fire Department Hero Loses Battle with WTC Related Cancer

A FDNY hero who led his fellow firefighters out of the World Trade Center North Tower just before it collapsed, saving countless lives, has lost his battle with 9/11 related bone marrow cancer at age 51.  He had just recently received a bone marrow transplant after years of searching for a donor, and was hopeful that the procedure would lead to a recovery. 

Unfortunately, like so many 9/11 first responders who have contracted cancer (including multiple myeloma and other blood cancers) related to their service at Ground Zero, this particular cancer was too strong to beat in the end.  Please keep his family, and his fellow firefighters with similar conditions, in your prayers.

9/11 Rescue Workers Facing 4 Month Health Treatment Gap

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The New York Daily News reports that  9/11 First Responders could face a four month treatment gap because Congress never officially passed this year's budget.  A passed budget would have given the  WTC Medical Monitoring and Treatment Program  $150 million. 

The Daily News reports that “lawmakers punted repeatedly, passing stop-gap "continuing resolutions" that "fund programs at last year's levels”, and that “the last temporary funding measure passed before Christmas, and runs out March 4."

Workers and others injured in the attacks do have other benefits coming under the $4.3 billion James Zadroga Health and Compensation Act, but the new World Trade Center Benefits and the World Trade Center Compensation Fund does not become effective until this July.

According to the Daily News, the Zadroga Victim’s Compensation Fund’s sponsor, Rep. Carolyn Maloney (D-Manhattan) and Sen. Kirsten Gillibrand, vowed to find a fix for the gap in funding for the approximate 60,000 people who are enrolled in various World Trade Center health and monitoring programs.  Let's hope they can pull off another miracle!

 

 

Will Zadroga 9/11 Victim Compensation Fund Get Kenneth Feinberg as Special Master ?

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According to POLITICO.com, Sen Chuck Schumer has asked US Attorney General Eric Holder to appoint Kenneth Feinberg as Special Master of the re-opened Zadroga 9/11 Victim Compensation Fund.

Feinberg served pro bono as Special Master of the original Victim Compensation Fund. He evaluated applications from victims and determined appropriate compensation. He personally presided over most of the 1,500 hearings with survivors and victims' families.

Since that time, he has acted as the TARP (Troubled Asset Relief Fund) Czar and also is currently administering the BP Gulf oil spill $20 billion dollar fund.

If Ken Feinberg is chosen to administer the Zadroga 9/11 Victim Compensation Fund, all potential recipients can be assured that an experienced professional will determine their claims fairly.

In Memoriam: Detective James Zadroga - 1/5/2006

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NYPD Detective James Zadroga died five years ago this day of his 9/11 related illnesses. See Zadroga 9/11 bill author Congresswoman Carolyn Maloney's press release here. May God rest his soul.

Zadroga 9/11 Act Sponsor Sen. Kirsten Gillibrand Praised by Jon Stewart on Daily Show

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Jon Stewart of the Daily Show praised Senator Kirsten Gillibrand for her work on the Zadroga 9/11 Act  as a guest on his show last night.   A video of Sen. Gillibrand's appearance speaking about the Zadroga 9/11 Act is here.

As Mr. Stewart was praising the Senator, we should remind all of his own important contribution, among many, to the passage of this important bill.

Who is Eligible for Zadroga Award under the Re-Opened Victims' Compensation Fund?

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The newly re-opened 9/11 Victims Compensation Fund in the Zadroga 9/11 Act provides for a monetary award to a wide range of individuals involved in the rescue, clean-up, and repair efforts.  Individuals eligible for compensation may include: 

  • All first responders such as firefighters, police officers, and other municipal workers.
  • All construction workers.
  • All clean-up workers.
  • All sanitation workers.
  • All workers and volunteers who participated in the World Trade Center rescue and recovery efforts.
  • All workers and volunteers who participated in the removal of debris.
  • All workers and volunteers who participated in the clean-up of any damage from the September 11th attacks.
  • All workers and volunteers who participated in the remediation (demolition, construction, repairs, etc.) of any damage from the September 11th attacks.  

The Victim Compensation Fund may provide for monetary compensation to all workers and volunteers who were at the following locations, including: 

  • World Trade Center buildings and nearby structures.
  • Buildings and areas next to the World Trade Center.
  • Buildings and areas damaged as the result of the impact of the aircraft or any subsequent fire, explosions, or building collapses (including the immediate area in which the impact occurred, fire occurred, portions of buildings fell, or debris fell upon and injured individuals).
  • Any are along the route of debris removal including Fresh Kills
  • Any area the Special Master determines was sufficiently close to the site to cause harm

James Zadroga 9/11 Health and Compensation Act Signed by President Obama

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Surprisingly, with little fanfare, President Obama signed the James Zadroga 9/11 Health and Compensation Act into law this afternoon while still on vacation in Hawaii.

Although the tenacious supporters of this bill deserved better, perhaps the President thought that a low-key ceremony was more appropriate given the somber purpose of the new law.  Regardless, the important fact is that 9/11 survivors, first responders and other workers will now get the medical care and compensation they so desperately need.

Now, the "Special Master" of the re-opened Victims' Compensation Fund has 180 days to issue new regulations to implement the Zadroga Act.  This is where the details of claims' procedures and other matters will be "put on the bones" of what was an otherwise short bill by Washington standards. 

We will post further details on the new Zadroga Act regulations as they become available. See the FealGood Foundation Press Release on the signing here.  For now, let us all be grateful that this day has finally come.

Welcome to the James Zadroga 9/11 Claims Information Web Site

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Welcome to an information resource center for all those with questions regarding the new James Zadroga 9/11 Health and Compensation Act of 2010. We hope you find the answers to your all your Zadroga Act questions here. We will be adding new information and resources to this site on a regular basis.

A good starting point may be the Zadroga 9/11 Compensation Claims Information Center found on this site.  However, if you do not find answers to your questions on this web site, do not hesitate to use one of our easy contact forms or call us toll free at 1-855-WTC-INFO x123. We will get back to you promptly.

This web site has been set up jointly by the Law Firms of Turley, Redmond, Rosasco & Rosasco, LLP, Daniel J. Hansen, Esq. and Chet Lukaszewski, PCTurley, Redmond, Rosasco & Rosasco represented it's first widow in a 9/11 claim soon after the original attacks on a pro bono (free) basis, as many of our fellow lawyers with integrity did.

In addition to the initial traumatic injuries suffered by many victims in the first attacks, we have since assisted scores or first responders, volunteers, construction, clean up and other essential workers with claims involving various cancers, lung conditions (asthma, COPD, RADS, chronic bronchitis, chronic sinusitis), GERD, PTSD and other medical conditions.  We hope you find this informational web site helpful, and we continue to dedicate our efforts to support all those impacted by the terrorist attacks of 9/11. 

If you are an individual, support group, web site, list-serve or a foundation that is already supporting 9/11 first responders or victims, we thank you for your prior and ongoing work and welcome your input and advice.  Please contact Troy Rosasco at 1-631-582-3700 x123  to see how we can work together to support the 9/11 community with the highest level of integrity for the right reasons.  

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Turley Hansen and Partners, LLP, is pleased to offer Zadroga Claims Info as a public resource for information on the compensation and health benefits available under the James Zadroga 9/11 Health and Compensation Act of 2010. Authored by a team of experienced attorneys...

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