N002658
January 21, 2002
Kenneth Feinberg, Esq.
Special Master
September 11th Victim Compensation Fund
US Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Dear Mr. Feinberg:
As the widow of
who lost his life in the terrorist attack on the World Trade
Center, I would like to say that I certainly appreciate your efforts and that of you staff in
establishing the
interim final rules for the September 11th Victim Compensation Fund of 2001. At the same
time,
however, I respectfully request that certain specific modifications to the rules be made in an
effort to
more fully comply with the Congressional mandate for full and fair compensation in both
economic and
non-economic terms. The current interim final rules fail to meet this mandate, in my opinion,
due to a
lack of clarity in determining economic damages and presumed non-economic damages being
held to a
level, which is utterly at odds with historical precedent through litigation.
In order to more fully comply with the clear intent of Congress and to prevent the conclusion that
litigation is the only fair alternative, I would request that the rules be amended to allow for
economic
damages calculated on incomes in excess of the $231,000 cap currently proposed and that such
calculations be done in a consistent fashion and documented across the earnings spectrum.
While the
elimination of such cap would have no potential benefit in my case, I feel that only through
consistency
can true fairness be achieved. Additionally, in order to fully and fairly compensate victims
whose
combination of specific circumstances and collateral offsets might result in no payment from the
Fund, I
would request that a meaningful minimum compensation level be established as well.
By far my area of greatest concern, though, pertains to the subject of non-economic damages in
that the
proposed formula dictates compensation of $250,000 for the deceased plus $50,000 each for the
surviving spouse and children. Such an award represents only a fraction of what would likely be
awarded through litigation, and, therefore, does very little to minimize pain and suffering. My
late
husband, having been a proud alumnus of Georgetown University is survived by our two
wonderful
young boys who eagerly look forward to attending, as did he. When they are both of college age
in the
year 2012, however the projected annual cost of attending Georgetown is in excess of $52,000.
Are
my children to grow up with the realization that our government felt that fair compensation for
the tragic
loss of their father was less than one year of college expenses? Should this terribly distressing
conclusion be deemed acceptable, then I fear my children and perhaps thousands of others will
grow
up disillusioned and forever bitter toward our government. Certainly this outcome would only
serve to
further the tragedy, which our nation has already suffered.
I must admit that no financial award, regardless of size, could ever adequately compensate for the
loss
of someone who was the perfect son to his parents, the perfect husband to me, and the perfect
father to
our children. Truly full and fair compensation from the fund, however, will at least forever
comfort us in
the realization that our government too, views not merely as a victim but as
the
hero he will always be to me and my family.
Once again I would like to commend you on your efforts thus far and appreciate your willingness
to
consider my comments and requests.
Sincerely,
Individual Comment
Middlesex, NJ