Mesothelioma and the 9/11 Victim Compensation Fund

One of the substances present in the cocktail of toxic chemicals released into the air in Lower Manhattan after the 9/11 attacks was asbestos.

Hundreds of thousands of responders, residents, employees, and students inhaled asbestos and have been facing the health consequences ever since.

One of the known health risks posed by inhaling asbestos is mesothelioma. However, symptoms can take between 10 and 50 years to show, meaning that many more victims will be diagnosed with the disease than those who have already registered with the Worth Trade Centre Health Program.

Anyone diagnosed with mesothelioma can get free medical care via the WTC Health Program AND claim significant financial compensation from the September 11^th Victim’s Compensation Fund (VCF). Families of deceased victims can also seek compensation via a wrongful death claim.

Mesothelioma can be an aggressive cancer that commonly attacks the lining (mesothelium) of the lungs but may also affect other abdominal organs, like the heart and testicles. The condition can lead to death if not caught in its early stages. However, symptoms can be difficult to identify until the disease has progressed.

Although mesothelioma is a rare form of cancer in the general population, it is, unfortunately, much more common among 9/11 survivors and responders. There is no cure for mesothelioma, and asbestos exposure is well established as a cause.

The disease progresses slowly, with inflammation and scarring of the tissues resulting and tumors beginning to form. These tumors are classified according to their location:

• Pleural mesothelioma forms around the lung tissue.
• Peritoneal mesothelioma forms in the abdominal tissues.
• Pericardial mesothelioma forms around the heart tissue.
• Testicular mesothelioma forms in the tissues around the testicles.

The symptoms of mesothelioma vary according to the location of the inflammation or tumor.

With pleural mesothelioma,  chest pain, shortness of breath, and painful coughing are typical. Lumps of tissue under the chest may be detected and unexplained weight loss is common. Swallowing difficulties, hoarseness, and swelling in the face and arms are other possible symptoms.

Peritoneal mesothelioma often leads to abdominal pain and swelling, as well as nausea, unexplained weight loss, and difficulty with eating.

Pericardial mesothelioma can lead to chest pain and breathing difficulties but, because it is a rarer form of the disease, symptoms are often confused with other heart problems.

Other general symptoms of the disease may include fatigue, fever, night sweats, loss of appetite, and fluid buildup in the affected body region. Because these symptoms are similar to the normal signs of aging, they are often difficult to attribute to mesothelioma, leading to late diagnoses in many cases.

That’s why responders and survivors need to be regularly screened for signs of the disease by registering with the WTC Health Program. The program provides free lifetime care for victims of the 9/11 attacks who were present in the NYC exposure zone of the toxic cloud, regardless of where in the U.S. they live now.

Unfortunately, after diagnosis, a victim’s life expectancy is 18-31 months, even with treatment. Early detection radically improves survival chances.

Imaging scans, blood tests, and biopsies are all available through the WTC Health Program. Anyone diagnosed with the condition faces treatment options that depend on the stage of the disease but usually include the following…

Surgery

In mesothelioma cases that are caught early, doctors may be able to remove the cancerous tissue through surgery in the hope of eradicating the cancer. Otherwise, surgery may be recommended to reduce the impact of the symptoms.

Apart from removing the cancerous tissue, surgical procedures include draining fluid from around the organs and even removing an organ if necessary.

Chemotherapy

Chemotherapy is another treatment option for patients with mesothelioma. This is designed to kill cancer cells in the body but it usually also kills healthy cells, leading to side effects.

The side effects of chemotherapy can be worse for some patients than the symptoms of the disease. They may include fatigue, nausea, constipation, nerve issues, numbness, easy bruising/bleeding, sensitivity to cold, mood changes, fertility issues, increased risk of infection, etc.

Depending on the condition of the patient, chemotherapy may not be recommended but this usually leads to a decreased life expectancy.

Radiation

Radiation treatment is generally more targeted than chemotherapy, delivering high-intensity beams to the cancerous area of the body. This aims to eliminate any cancer cells that remain after surgery.

Radiation therapy usually has fewer side effects than chemotherapy but can still lead to hair loss, skin issues, nausea, difficulty swallowing, and shortness of breath.

The VCF was created to compensate victims who suffer health problems due to exposure to the toxic dust cloud that developed after the 9/11 attacks.

For responders and survivors diagnosed with mesothelioma—and their families—the consequences can be life-altering. Many victims can no longer work or earn a living as the symptoms worsen.

The VCF provides monetary awards to anyone with a WTC-Health Program-certified health condition, which includes mesothelioma, other diseases caused by asbestos or inhalation of other toxic substances, and many other cancers.

Awards include monetary losses suffered due to a 9/11-related condition, such as:

• Lost earnings/benefits
• Out-of-pocket medical expenses
• Replacement services loss

In addition to the economic losses, the VCF awards up to $250,000 for the pain and suffering associated with a cancer condition, such as mesothelioma.

The families of loved ones who passed away from mesothelioma or another 9/11-related illness can also seek compensation via a wrongful death claim: up to $200,000 apiece for a spouse or dependents, plus $250,000 on behalf of the victim.

To claim compensation through the VCF, victims must first prove that they have a recognized 9/11 condition covered by the fund.

For mesothelioma victims, this should be relatively straightforward but victims must also prove their presence in the exposure zone of the toxic dust cloud between the eligible dates (September 11^th, 2001, and May 30^th, 2002). This may require legal assistance, as it was more than 20 years ago and people often misplace employment, student, or accommodation records from so long ago.

An experienced 9/11 attorney can help prepare affidavits and other documentary evidence when submitting a VCF claim.

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.