'Scar on Public Interest'
Judge: Can Sue City Over 9/11 Illness

By GINGER ADAMS OTIS

A Federal judge Oct. 17 ruled that the city and its contractors aren't exempt from lawsuits filed by emergency workers who suffer from 9/11-related illnesses, clearing the way for thousands of claims to proceed.

MICHAEL A. CARDOZO: Unfazed by judge's ruling.

Calling the situation a "scar on the public interest," U.S. District Judge Alvin K. Hellerstein rejected the city's motion to dismiss the lawsuits.

Limited Protections

In his 99-page decision, however, he noted that Federal statutes provide some immunity from disaster response liability to the city, state, private contractors and the Port Authority.

But the protections aren't all-encompassing, he stated, making it necessary to hear the details of each individual case. The city and its contractors were sued by first-responders and emergency workers who helped clean up the World Trade Center site.

The lawsuits allege that the city and other plaintiffs were negligent in testing the air quality for toxins and providing adequate respiratory and other safety equipment.

Michael A. Cardozo, the city Corporation Counsel, said in a written statement that the judge's ruling acknowledged the "critical importance and continued applicability of the legal immunities that protect the city and those who come to its aid in responding to disasters."

Determining when and how certain immunities should be applied is a "fact-intensive" process, Mr. Cardozo said.

'Should Be No Liability'

"As the facts fully emerge," he continued, "the complex decisions that were carefully and thoughtfully made during the months after 9/11 will demonstrate the enormous good work done by the city and its contractors, and the absence of any legal liabilities."

He said the city would work with the court to determine the relevant factual issues as expeditiously as possible.

Judge Hellerstein in his decision made a point of saying the workers were entitled to a speedy resolution.

"If even a minority of the plaintiffs suffered serious injuries to their respiratory tracts arising from the acrid air of September 11, their claims deserve to be heard when a recovery could make a difference in their lives," he wrote.

Con Ed Off the Hook

An estimated 8,000 people have filed claims against the city, state, private contractors and the Port Authority since 9/11, a lawyer told the Associated Press. Approximately 210 of them are firefighters, according to Andrew J. Carboy, legal counsel for some plaintiffs.

Judge Hellerstein dismissed claims against Consolidated Edison Co. and companies owned by developer Larry Silverstein, saying they weren't liable for damages because they weren't legally responsible for the area. A court-appointed overseer will help eliminate unjustified claims and untangle particularly difficult cases, according to the judge.

Mr. Cardozo said the city hoped Federal assistance would also be made available to sick workers.

"We continue to urge Congress to create a victims' compensation fund that will allow persons who demonstrate they have become ill as a result of the debris removal to be appropriately compensated, without their need to demonstrate any wrongdoing by the city or its contractors," he commented.

Programs to help sick rescue workers can be found by calling 311, or going to the Department of Health Web site at:
www.nyc.gov/html/doh/html/wtc/wtcresource.pdf.