N002589
Mr. Kenneth L. Zwick, Director
Office of Management Programs
Civil Division
U.S. Department of Justice
Main Building, Room 3140
950 Pennsylvania Avenue
Washington, DC 20530
1/14/2001
Dear Mr. Zwick,
My son, and his wife worked for
at World Trade Center. Both perished in
the September 11th disaster. Ther were no children in the marriage.
name appeared in the NY Times several days later as
one of the victims whose body was identified. The identification was
confirmed by the New York City Medical Examiner's office. A
representative of Funeral Home in went up to
New York City and brought body back. Death certificates were
issued. A private memorial service was arranged for the family with a
memorial mass the next morning at Church with cremation to follow in accordance with
previously expressed wishes. Shortly before the memorial service for
the family was to begin, I received a telephone call from the Funeral
Director advising that a key ring had been found in trousers on
body and initials on the key ring were not his. I furnished the Medical
Examiners office with dental X-Rays and his tooth brush for
DNA testing. Later that same evening, I was advised by the Funeral
Director that forensic Dentists retained by the Medical Examiner,
confirmed that the body in the funeral home was . We were
aqdvised to proceed with the Memorial Mass the next morning and
then the body would be cremated. A few days later, the Funeral
Director called and advised that Assistant Medical Examiner wanted to meet with myself, my wife, and our four children
the next day at the funeral home. When we met with , we
were informed that the Forensic Dentists had made an error. The body
that they had identified as and that had been cremated was not
. apologized on behalf of Mayor Guiliani and the
Medical Examiner. Needless to say, this was an horrific experience for
my wife and I as well as three brothers and sister.
Pursuant to title IV of Public Law 107-42, (September 11 Victim
Compensation Fund of 2001) regulations were adopted for the filing of
claims by Victims and/or their Families. However, Section 403(b)(6)
requires that any award made by the Special Master Feinberg must be
offset by monies received from collateral sources such as life
insurance even though the insurance premiums were not paid by the
federal government. This means that if we were to file a claim against
(the fund), we would be entitled to receive about $250,000.00 (non-
economic loss) less the offset for insurance benefits. Since the
insurance benefits would be excess of $250,000.00, we would
receive absolutely nothing from the September 11 Victim
Compensation Fund. And to make matters worse, a claimant who files
for compensation against the "Fund" waives any right to file a civil
action. These unfair and onerous provisions of Act and the regulations
adopted will force many victims and their families to file civil actions
against the federal government and other entitles whose negligence
contributed to the September 11 tragedy.
I sincerely hope that you and other fair minded members of Congress
will endeavor to have these unfair provisions of the Act and the
regulations promulgated thereunder removed.
Respectfully yours,
Individual Comment
Manahawkin, NJ