N002404
January 17, 2002
Mr. Kenneth L. Zwick, Director
Office of Management Programs, Civil Division
U.S. Department of Justice
Main Building, Room 3140
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Dear Mr. Zwick:
I am writing in response to your invitation to comment on the
"Interim Final Rule" which was issued on December 21, 2001.
My wife, , was killed on September 11, 2001. She was a aboard American Airlines Flight 77 which was hijacked and
intentionally crashed into the Pentagon. was my wife, my life
partner and the heart of our family. 's death has left a void in my
life and in the lives of our two children which no amount of money can fill.
My children and I represent only three of the many thousands of
individuals who lost family on September 11, 2001, but I hope you will hear
our voices.
The "chart" that was published in conjunction with the guidelines strips
and each of the other victims of any shred of identity they have
as individuals. The "cap" on non-economic damages represents a harsh,
un-realistic pre-determination of my family's loss. Furthermore, the nation
of a "cap" in place before any consideration of our family's non-
economic loss is an affront to the families. Death, unfortunately is
individualistic to each and every family and not as the Fund wishes it to
be: collective. Each individual that died on September 11, 2001, was
unique and special, please do not allow the guidelines to treat them as
anything less.
I am also unable to understand the logic that supports an offset of
collateral sources. The offset removes the incentive for families to plan
ahead for their children's current and future needs. The life insurance
policies, pension plans and defined benefits plans that will be deducted as
"collateral sources" represent the hard work in the industry of the decedents
and their families; the same hard work in industry that has contributed to the
wealth of our government that provides the source of
the Victim's Compensation Fund. This day, September 11, 2001 will NEVER
be forgotten. Like it or not, this day is far greater than December 7, 1941: "a
day of infamy". There will NEVER be another day like that September day,
I implore you to support the rebuilding of these families through the
use of these government funds with the same enthusiasm and commitment
the government had directed toward rebuilding the airline industry in the days
that followed September 11, 2001.
Sincerely,
Individual Comment
Chevy Chase, Maryland