N002002

Friday, January 18, 2002 2:04 PM
Exaggeration of the award amount (correction to my previous comment of the same date)

I hope that future public comments by Mr. Feinberg will clarify that the average payout from the fund under the interim rules will NOT be $1.65 million (which has been repeated over and over in the press and elsewhere). Of course, the average payout under the interim rules will be much, much less due to deductions for "collateral source" income. The average citizen, however, not directly affected by the tragedy, is unlikely to take the extra time to "read the fine print." This disinformation is not helpful to public debate about the fairness of the interim calculations for presumed economic and non-economic losses.

For example, take the repeated voter.com public comments that purport to inform you of their latest poll results on the question "Does the government's aid program for families of Sept. 11 victims goes far enough?" A look at the voter.com website shows that the those comments to you misstate the question as it is posed on their website. On the voter.com website, the poll question includes clarifications. Next to the YES button on the website is the statement: "The families will get an average of $1.65 million each to help them rebuild their lives." (Wonder where they got that figure?) Moreover, in order to vote NO on this question (according to the clarification next to the NO button on the website) one would have to believe that that a $1.65 million average per family government payout is not only too low -- but indeed is so extremely low as to be "ludicrous."

Not exactly a fair way to pose the question if voter.com wants to sample true and informed public opinion. Hopefully, this attempt to mislead the rulemakers will be properly ignored.

It also would not hurt if Mr. Feinberg, in his public statements, made sure the public understands that the Act deprives the victims of very significant legal rights (i.e. to seek adequate redress in the courts) at the same time as setting up the fund.

Thank you for considering my comment.

Individual Comment
Frankfurt, Germany

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