N002480
9 January 2002
To our Elected Officials:
In the immediate aftermath of the tragic attack of September 11th upon our nation,
Congress enacted the Victims' Compensation Fund of 2001 P.L. 107-42, to compensate
the relatives of the victims of that brutal attack. As you know, this Fund was enacted as
part of a comprehensive package which bailed out the airline industry and imposed
restrictions on the rights of the victims' relatives to sue the airlines in court. We implore
upon you, as our elected officials, to demand changes to the interim rules issued by
Kenneth Feinberg, the Special Master. As it stands, Mr. Feinberg's self-imposed rules
fail to satisfy the letter or the spirit of the legislation which was enacted.
Specifically, we request that you act on our behalf and demand the following
changes to the interim rules:
1. The arbitrary income limits imposed by the Special Master are not only unfair
but also inconsistent with the letter and the spirit of the law. Those victims from
the financial industry are specifically harmed by this limit. They were targeted and
murdered precisely because of the jobs they held, and where they worked-the World
Trade Center, the Financial Capital of the world, the embodiment of financial success.
Those who achieved such success should see that reflected in their awards. They
personified American Business and commerce, democracy and freedom. We ask that
you demand that Mr. Feinberg lift the arbitrary income limits so that each family can
be treated fairly, commensurate with the support they provided their families before
their death.
2. Mr. Feinberg has arbitrarily restricted the non-economic awards for pain and
suffering, no matter what the extent of the pain and suffering. This is unacceptable.
In the words of Rep. Peter King, "...every death is tragic. A murder is particularly
tragic. But to have your loved one murdered in a burning building in full view of the
world - in a scene which will be repeated in the media for decades to come-is a
horror these families will never escape from... The Special Master cannot take it
upon himself to restrict the rights of the families." Therefore, we request that the
interim rules be amended to more appropriately compensate the victims' families for
the immeasurable pain and suffering endured by our loved ones.
As Mayor Giuliani stated in his farewell address: "we have an obligation to the
people who did die... Their families need to be protected just as if they had been alive,
financially and every other way that we can help and assist their families...There should
be no compromise about that ever..."We request that the interim rules be amended and
redefined to the extent that income caps be removed when computing economic loss and
that compensation for pain and suffering more accurately reflect that horror which was
suffered. Justice demands no less.
Sincerely,
Individual Comment
Staten Island, NY
Dear Mr. Feinberg:
My wife and I would like to take this opportunity to
voice our concerns over what appears to be a cruel injustice
being played upon us and other families who have suffered
a devastating loss on September 11, 2001.
Our son fell victim that day in this tragic
event. The lives of my family were all horribly changed that
day. The hope and dreams that we shared as a family
will never come to pass. The future joys of holding my son's
children will never be realized. Birthdays, anniversaries, Christmas
and the like will never be the same. We, like so many
others, were dramatically affected by the cruel and sadistic
plans of people who placed very little value on the lives
of innocent victims. Which is why it saddens me to believe
would now like to see
pain by throwing salt into our wounds in the guise of a fund
whose purpose it is to help us. What this fund, "September 11th
Victim Compensation Fund of 2001, actually does is limit, and
in my case, excludes compensation from those who the
statute designates as eligible.
According to sec. 403 of 49 USC 40101, "...the purpose of this
title is to provide compensation to any individual (or relatives
of a deceased individual) who was physically injured or killed...
September 11, 2001." If this is the Act's purpose then why are my
wife and I excluded from seeking compensation for the
wrongful death of my son. Nowhere in this Act is a clear
and concise explanation or definition as to who is considered
a relative for the purposes of receiving compensation. The act
only points to a spouse or child of the victim. It is ambiguous as to all others. Are the parents of
the deceased so unimportant to
you as to exclude them from seeking compensation for their loss.
Is their loss any less important then that of a spouse. We lost
our son. A child that we raised and loved every day of every year
of his life. Yet you and the actions of your office seek to
eliminate any hope we may have of receiving justice for his death.
With all of the pain that we are experiencing it is inconceivable that you would
further add to this by an unjust system guaranteed to only compound that
grief.
We ask that you and your staff re-evaluate your
clear violation of the Act's intended purpose. In doing so
you should place an emphasis on defining the meaning of
"relative" and take into account that a victim's family
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also lost something they can never have back. My son will
never come back to me. This is my only recourse to obtain
some sense of justice and your office is trying to deny
me that.
We implore you to do what's right and fair. Don't
make us suffer more.
Sincerely Yours
Individual Comment
Staten Island, NY