W000412
November 17, 2001
Facsimile Transmission
Kenneth L. Zwick, Director
Department of Justice
301-519-5956
Dear Mr. Zwick:
I write to comment on the issues arising in the administration of the September 11 Victim
Compensation Fund. In addition to forty years of study of procedural issues, I have served as Reporter
to the Civil Rules Committee and as President of the Private Adjudication Center while it conducted
proceedings in about seven thousand matters involving the Dalkon Shield intrauterine birth control
device.
1. All the claims should be governed by the same settled governing law, whatever that is to be.
That is to say that there should be no occasion to listen to conflict of laws arguments.
2. If a matrix can be devised quickly for settling many of the claims, that would be a useful way
to proceed with dispatch. But the matrix should not be binding on claimants.
3. It is important that those claimants seeking an oral hearing be given one before a competent
and considerate hearing officer. This will be an important step in emotional closure for many of the
claimants. A take-it-or-leave it offer based on a matrix would leave some claimants fuming for
decades.
4. It is not necessary to hear expert witnesses in person. For them, affidavits should suffice
unless the hearing officer or special master for some reason, after reading the affidavit, asks to see and
hear the witness. Doubtless one of the investment brokers killed was on track to earn a billion dollars
in a few years, but the hearing officer should not have to listen to that sort of expert testimony.
5. It is important to clarify the provisions bearing on collateral sources. Congress wants to
prevent double payments. Care must be taken to avoid double deductions. Also, if the deceased had
the foresight to buy life insurance for the benefit of his family from his own personal funds, the family
should not be denied that additional benefit.
I hope these thoughts are useful.
Sincerely yours
Individual Comment
Durham, NC