9/11 Gallbladder Cancer Claim

9/11 Gallbladder Cancer Compensation Claim

9/11-related cancers have received considerable attention in the survivor and responder community—not surprisingly, with around 40,000 cancer cases reported in the community since September 11, 2001.

Anyone who lived, studied or worked in the 9/11 exposure zone or responded to the attacks any time between September 11 and mid-2002 is at an elevated risk of cancer even over two decades later.

Even though 9/11 gallbladder cancer is not one of the most common cancers connected with exposure to the toxic dust cloud in NYC, it is still a serious concern for thousands of responders and survivors on account of its high fatality level.

Understanding more about the disease and the VCF claims process can help survivors and responders take the necessary steps to monitor, diagnose and treat any issues, and claim compensation.

9/11 gallbladder cancer affects the small, pear-shaped organ found beneath the liver. The purpose of the gall bladder is to aid digestion, storing and concentrating bile, which helps break down fats.

When the stomach detects fat in food, the gallbladder releases bile into the small intestine to help break it down.

Cancer of the gallbladder is rare but it remains one of the deadliest cancers because it is so hard to detect. Often, the disease is not diagnosed until its later stages, when it may have spread to other organs and greatly reduce the chance of survival.

Gallbladder cancer may have no symptoms until its very late stages, making it a “silent killer”. Screening and early diagnosis are the keys to surviving gallbladder cancer, as with many cancers.

Some of the symptoms associated with gallbladder cancer that should not be ignored include:

• Gallstones
• Upper abdominal pain fain from a blockage in the bile duct
• Jaundice
• Unexplained weight loss
• Nausea
• Bloating
• Vomiting
• Fever
• Abdominal lumps

If you detect gallbladder early before the cancer has advanced, the survival rate is good (65-percent five-year survival rate). However, once the cancer has spread to other organs, it is much harder to treat and survive. Only one in twenty victims survive five years or more.

It should be noted that women face a higher risk of gallbladder cancer than men.

Main treatment options for 9/11 gallbladder cancer

Like with most cancers, the recommended treatment of gallbladder cancer depends on the stage of the disease. Typically, the options are:

• Surgical removal of the tumor
• Chemotherapy, and/or

Radiation

As one of 70+ cancers on the official list of WTC Health Program Covered Conditions, gallbladder cancer victims can claim:

• Free medical monitoring and treatment under the WTC Health Program
• Compensation for pain and suffering and economic losses from the September 11^th Victim’s Compensation Fund (VCF).

Eligible responders and survivors who worked, lived or studied in the 9/11 exposure zone—or the families of eligible responders and survivors who passed away from any 9/11-related cancer—can apply to receive compensation from the VCF.

Under the Zadroga Act, the “base” award or starting point for non-economic damages is up to $250,000. However, the VCF Special Master can adjust this amount based on individual circumstances. For instance, if a victim has multiple cancers. If the victim passed away from cancer, the family may be eligible for $100,000 in additional compensation for each spouse and dependent.

Before filing a 9/11 claim, it is advisable to be prepared and understand the eligibility criteria, claims process, and relevant timelines.

Here are some key points to bear in mind before filing a VCF claim for 9/11 gallbladder cancer…

The 9/11 VCF covers much more than 9/11-related cancers

Many 9/11 survivors and responders suffer from multiple health conditions, of which gallbladder cancer may be one. The dust cloud at Ground Zero was a concoction of many toxic compounds and substances, many with the capability to harm human health.

Victims with physical injuries, cancer, respiratory/digestive disorders, mental health issues or other conditions from the attacks or dust exposure should consult with a 9/11 claims attorney to ensure they claim full medical assistance and compensation for their condition(s).

The VCF eligibility criteria

VCF claimants must meet the following basic criteria, amongst other requirements:

• Presence in the designated area (the NYC Exposure Zone) in lower Manhattan south of Canal Street between September 11, 2001, and May 30, 2002.
• Proof of a 9/11-related health condition.

There are deadlines to meet for both VCF registration and making a claim, depending on circumstances. Most importantly, survivors have two years from the date when their condition was diagnosed by an approved medical authority to register with the VCF to file a claim.

Claimants can receive economic and non-economic losses

VCF claims are not limited to economic losses like out-of-pocket medical expenses, loss of earnings, employment benefits/pensions, and replacement services. They also provide compensation for non-economic losses, such as physical and emotional pain and suffering and the loss of quality of life.

Past claimants can re-claim for new conditions

Past VCF claimants who are certified for a new condition can file an amendment for additional compensation after receiving their awards.

Similarly, if a condition seriously worsens and results in additional unforeseen losses that were not covered by the original claim, the claimant may be due additional compensation from the VCF.

Whether a past claimant or new claimant, the process of gathering evidence and submitting a VCF claim is considerably easier with the assistance of a qualified 9/11 attorney. A lawyer not only ensures that the paperwork for the claim is in order and that all criteria and deadlines are met but also that claimants request the maximum possible compensation.

To discuss your situation and learn more about how we may be able to help you, please call Weisfuse & Weisfuse, LLP at 212-983-3000 or contact us online to schedule a free consultation.