N002423
January 14, 2002
Kenneth L. Zwick, Director
Office of Management Programs
Civil Division
U.S. Department of Justice
Main Building Room 3140
950 Pennsylvania Avenue, NW
Washington, DC 20530
Re: September 11th Compensation Fund 2001
Interim Final Rule
Dear Mr. Zwick:
I am writing to urge reconsideration of the interim final rule with regard to "capping"
compensation for pain and suffering and the formula for computing compensation for economic
loss.
A number of my constituents lost family members in the attacks of September 11th. As
we all know, no amount of money can truly compensate for these losses. However, the Federal
Government, in Title IV of Public Law 107-42, has sought to establish a system by which
reasonable payments can be made both to provide survivors with quick relief and to avoid
lengthy, costly, and potentially unsuccessful litigation against the airlines, among others.
However, the system proposed in the interim final rule, particularly when applied to
victims who were both low-wage-earners and older than many of the World Trade Center
victims, as is the case for constituents of mine, does not appear to adequately address the
magnitude of their pain and suffering or their economic losses. I would urge amendments either
to raise the "cap" on compensation for pain and suffering to a substantially higher dollar amount
or to give the Special Master flexibility to fully consider the individual cases of claimants, and to
adjust the formula for compensation for economic losses to increase the amounts for survivors of
older and low-income victims, who are surely the most vulnerable of all the survivors of the
catastrophe of September 11 th.
With thanks for your consideration and best wishes, I am
Sincerely,
Jose E. Serrano
Member of Congress
January 14, 2001
Kenneth L. Zwick, Director
Office of Management Programs
Civil Division
U.S. Department of Justice
Main Building Room 3140
950 Pennsylvania Avenue, NW
Washington, DC 20530
Re: September 11th Compensation Fund 2001
Interim Final Rule
Dear Mr. Zwick:
I am writing to urge reconsideration of the interim final rule with regard to the "24-hour
rule" for compensation for expenses of medical treatment of injuries incurred in the attacks of
September 11th.
The Federal Government, in Title IV of Public Law 107-42, has sought to establish a
system by which reasonable payments can be made both to provide victims with quick relief and
to avoid lengthy, costly, and potentially unsuccessful litigation against the airlines, among others.
However, I am informed by affected individuals that the interim final rule defines
"physical harm" in a way that effectively denies compensation to persons who were injured,
sometimes severely, in the attacks but who were unable to seek medical treatment within 24
hours. A number of New Yorkers were seriously injured in the attacks on the World Trade
Center but for various reasons, ranging from lack of care for very upset children, to lack of
regular medical providers, to the severe emotional toll of experiencing the attacks in person, were
unable to seek and receive treatment until the 24 hour period specified in the rule had passed.
I would urge that the rule be amended to provide compensation for expenses of medical
care without regard to when an injured victim sought treatment. At the very least, the Special
Master should be given the flexibility to consider the individual circumstances of persons injured
but not seeking treatment within 24 hours.
With thanks for your consideration and best wishes, I am
Sincerely,
Jose E. Serrano
Member of Congress