P000495
Monday, February 11, 2002 11:34 PM
Comments to the DOJ Interim Final Rules
September 11, 2002
Special Master Feinberg,
The brief comments below are being submitted today so that I might add
another voice to the many that have already spoken out about certain aspects
of the interim final rules. Despite the published deadline, you and the DOJ
website have indicated that add'l comments are being accepted and will be
considered. Thank you.
The primary issues are clear and are of no surprise to you. And so,from the
Victims Families point of view, the question is: what can I possibly say to
you that hasn't been said before and/or that might actually help you to
reach a different conclusion? I wish I knew the answer to this question but
I do not.
Nontheless I offer you the following comments:
1)The $250k for pain and suffering ultimately reflects a value judgement ---
your value judgement. To base the payment amount on the military and federal
safety officers is not a fair or reasonable comparison to the Victims who
primarily reflect a group of civilian workers.
Mr. Feinberg, if you were not the Special Master but instead you were the
family member of a civilian Victim, would the $250k value really seem fair
or reasonable or adequate to you ???
Clearly there is room for an increase to the $250k payment without having to
extend out to the "expected" multimillion $ payments which seem to
eventually result from aircraft/terrorism settlements.
2) Overall, the collateral source deductions are a troublesome issue. I
assume at this point the law will not change. I ask for your best judgement
to be used in those difficult areas such as how to calculate the value of
social security and workers comp collateral deductions when those long-term
payment streams might end quickly i.e. upon remarriage.
3) I agree with the comments of the Families of September 11, Inc. --- see
comment # N002585 --- as related to a) DOJ's Plan Significantly Undervalues
Economic Damages and b) the Right to a Hearing Must be Meaningful. To the
extent that those comments are accurate, I ask for your help to address all
significant issues in a fair and reasonable manner.
Mr. Feinberg - you have a terribly difficult job to do. Thank you for your
efforts.
Individual Comment
Cliffside Park, NJ