P000110
Monday, January 21, 2002 1:59 PM
Comments on Rules by Special Master
Friday, January 18th, 2002
Gentleman and Ladies
I am sure that I am not the first to state that the primary beneficiaries of the rules and the
legislation are the airlines, the insurance
industry and our government which failed in the protection of life, liberty and property of the thousands
of fathers, mothers, husbands,
wives, brothers, sisters, children, nieces nephews, friends and neighbors who were publicly incinerated
and physically assaulted by two
40,000 ton jet airliners which were murderously conflagreated upon their persons on September 11th.
This tragedy not less horrific then
the gas chambers of Hitler's Germany wrecked devastation into the lives of the victims families no less
catastrophic and apocalyptic and
painful than the collapse of the two 110 story buildings. I have witnessed first hand the psychological
and emotional damage to my best
friend and her daughter by this public event and know first hand the monetary losses in support, and the
emotional damage from watching
the events which have been brought upon these unlucky individuals. To begrudge them some financial
recompress is wrong. To their
complaints when most now are only beginning to go beyond the shock and feeling of the first months is
inappropriate. A victim compensation
fund should compensate victims and the Special Master entrusted with that charge should do all in his
power on behalf of those
victims....not prove away to political differences and pressure not to pay.
The caps at around 3 million dollars no where approximate the sums of money any of these
victims would receive in normal
litigation ...what of the millions awarded for a scratched BMW ...and no normal litigation would deduce
insurance or charity from it's
award. What became of the goal of dispensing with the costs and time of litigation. The capped
amounts and the deductibles effectively
relieve the United States and the elected officials from meaningful recompensing the victims families.
This is an injustice and not within the
original intent of the legislation. Most individuals employed at the World Trade Center probably had
insurance for their families at their own
expense. If they received it as part of compensation they paid the appropriate taxes on a benefit
computed as income. The insurance and
charity should not be deductible. It is my opinion that if a survey were taken of the 3000 individuals
who died most would not be receiving
anything more than a couple hundred thousand - not a meaningful sum- or expense to the taxpayers -
under the current plan. Effectively the
deductibles relieve the U.S. of responsibility to a majority of those who died.
The Special Master should go to back to Congress forthwith in accordance with his charge and
seek amendment of the underlying
legislation. All elected personnel who believe as they should that there must be recompense to those
who suffered for all Americans
must promptly amend the legislation to leave insurance and charity undeductible from any amount
awarded. This legislation was signed
into law within days of September 11th. It's errors can just as easily be rectified.
The Special Master should also make provisions more specific than turning over funds in some
general way in accordance with the state law
to award as is normally done by a formula for the years of dependency for spouses and children
thereby apportioning rather than further
causing disintergration and damage to these families by potential disputes.
Tort Reform to prevent excessive monetary judgments and a plan to be used in cases of mass
injury should not begin with the families of
those individuals who suffered the worst physical, psychological and financial harm ever sustained by
human beings.
The legislation should permit these individuals to bring suit as well against these terrorist
organization and individuals - whose funds have
been frozen and any amounts ultimately awarded subrogated and allocated as to portions paid by the
US through the victim compensation
fund awards.
For a country as rich as the United States and with the waste that we so wrongfully cause in spending
unnecessary - we are morally
obligated if we truly believe as we should - that those who died were Heroes and patriots to fairly
compensate the Horrors their families have
endured, and will continue to endure for their remaining lives. Some of these costs should be born by
taxpayers.
Sincerely,
Individual Comment
Bronxville, New York