Firefighter Kenny Specht, President & Founder The New York City Firefighter Brotherhood Foundation, Opts Into The WTC Captive Settlement
Dear Client,
This morning I spoke with Firefigther Kenny Specht, President & Founder The New York City Firefighter Brotherhood Foundation, FDNY Ladder Co. 133 (Ret), one of our outspoken clients, that we represent. He has given me permission to email and post his press release below.
Like, Ken Specht, by opting into the settlement with the Captive, you will have the benefit of potentially securing compensation from both sources -- your lawsuit and Zadroga. Therefore, if you want to obtain guaranteed compensation under the Captive settlement you can, while still being entitled to Zadroga Bill, if it passes. You must opt-in to the settlement with the City and its Contractors immediately; there is no good reason not too. There are only 24 days to go before the November 8th deadline for settling under the SPA; and our law firm needs all the time available to process your forms and make sure that they contain all necessary documentation.
Paul Napoli
Worby Groner Edelman & Napoli Bern, LLP
THE NEW YORK CITY FIREFIGHTER
BROTHERHOOD FOUNDATION
DEDICATED TO THE BELIEF THAT NO MAN IS LEFT BEHIND
P.O.Box 836
LEVITTOWN NY 11756
FAX 516-605-0530
ww.nycfirefighterfoundation.org
FOR IMMEDIATE RELEASE** FOR IMMEDIATE RELEASE** FOR IMMEDIATE RELEASE
October 15, 2010
FOR IMMEDIATE RELEASE;
CONTACT KENNY SPECHT
PRESIDENT OF THE NEW YORK CITY FIREFIGHTER BROTHERHOOD FOUNDATION
RETIRED FIREFIGHTER F.D.N.Y LADDER CO. 133
9/11 FIRST RESPONDER
917-482-7674
To all concerned FDNY members, friends and supporters of The New York City Firefighter Brotherhood Foundation, as well as media outlets who have always, and continue to lend their support to 9/11 first responders.
I am writing each of you today in fairness of full disclosure to notify you that I have accepted the proposed settlement of the current WTC Captive Insurance Fund offer. I have written in many forums for quite some time about this emotional subject. I have always stated that I did not support the proposed settlement and have always issued my reasons why I did not support the offer. Now, in fairness to the support I have always received in the 9/11 community as well as the 9/11 FDNY leadership role that I have humbly accepted for many years now, I want to write each of you to explain why I now support this proposed settlement.
In March of this year, the very first offer of $625 million dollars was made to approx. 11,000 litigants in this case. What was first touted as a victory for the 9/11 ill and the injured did not meet with the approval myself, nor many FDNY 1st responders. If not for the emotional testimony of many affected FDNY firefighters, this first proposed offer may have very been the final proposed offer.
Some of the stipulations that I took issue with back in March were;
-I considered the initial offer of $625 million dollars lacking it it's intention to seriously pay claims of illness and or injury, while the Captive Insurance Fund remained open and still retained over $500 million dollars.
-Lawyers fees of 33.3% for such a settlement agreement
-No settlement with the Port Authority (The owners of the land that the WTC buildings stood on)
-The inability for 9/11 1st responders to obtain information or have phone calls answered or returned.-The mistrust that existed between the uniformed first responders and the participants in the process.
As news of the 1st proposed settlement broke, I along with a few other 9/11 uniformed 1st responders went to work right away to stop any chance of this settlement passing. I attended each and every town hall meeting with the exception of 1 as well as each Federal Court hearing. Each time I was present I was afforded the opportunity to speak out against this proposed settlement. I often went to the media to take issue with this portions of this proposed settlement. I'm sure many of you know, I have been very critical of some of the events that this process has seen. I particularly took offense to the "opt in to this settlement or lose out on Zadroga" e-mail that was sent out last month.
In a final attempt to develop a more respectful & mutually understanding relationship between the firm of Napoli & Bern and the uniformed clients they represent, I reached out to Mr. Paul Napoli and requested a one on one meeting. Mr. Napoli agreed to this meeting 2 weeks ago and Mr. Napoli and I met. At the meeting I discussed many issues that 9/11 uniformed first responders had with this proposed settlement as well as the treatment they had received. I went over, one by one, many issues I felt needed to be addressed as well as ideas I wanted to see implemented.
Some of the ideas I wanted implemented for the uniformed first responder community were;
- a dedicated lawyer and phone number set up for 9/11 uniformed first responders to avail themselves to service.
- the stopping of house visits and phone calls to the private homes of 9/11 uniformed first responders.
- a meeting between 9/11 uniformed NYC 1st responders and the law firm.
- an e-mail sent out that would clear up the confusion that was caused by the "opt in to this settlement or loose out on Zadrgoa" e-mail.
-Settlement with the Port Authority
Since my meeting with Mr. Napoli, each and every one of my requests and ideas have been implemented. And I feel that these actions have greatly bridged the divide that existed between the 9/11 first responder community and the law firm of Napoli & Bern & show a true willingness to understand the hardships faced by the uniformed services of the City of New York.. This past Wedsnday Mr. William Groner availed himself to approximately sixteen N.Y.C 9/11 uniformed first responders at a meeting held in Queens. During this meeting a very welcome and open dialogue took place. I feel this meeting was much needed to address the concerns of uniformed first responders, and speaking only for myself, I believe it also became clear to the firm of Napoli & Bern as well as Mr. Groner that this too was an important and much needed step forward. I firmly believe that all parties involved have now addressed those concerns that were spacific to the 9/11 uniformed first responder community.
Since March a new proposal was announced. That proposal offered a new settlement package of $712.5 million dollars as well as a lowering of lawyers fees to 25 %. Also as many are now aware, since my meeting with Mr. Napoli this past week, The Port Authority of NY & NJ has agreed to settle any claims levied against them by litigants in this settlement. The Port Authority has agreed to issue an amount that totals $47.5 million dollars that will be added to the already existing amount of $712.5 million dollars.
Now I would like to discuss my reasons for accepting the offer. As many of you know I have been on the forefront of negotiations in Washington DC as it relates to getting "The James Zadroa 9/11 Health & Compensation Bill" passed. This is a battle I have been engaged in for a little over 2 years now. In a perfect world the Zadroga bill would be the only avenue to pursue to file claims for illness and or injury and be compensated. However this is not a perfect world, and the Zadroga bill is not the only consideration many in the 9/11 community have had to think about. More often than not almost every person has had to ask "Is it better for me to hold out for the Zadroga Bill and opt out on this proposed settlement"? I can't answer for any person in particular. Deciding to hold out for "Zadroga" is a decision for each person to make after consultation and consideration with family. All I can speak for are the facts. So to the best of my ability and being as truthful as possible, I will rely the facts as I know them to be.
As of today's date, The "Zadroga" Bill is currently sitting on the desks of the 100 members of the US Senate. These 100 members are scheduled to vote on the passage of this bill when they return back from recess in the 2nd week of November. 60 members of the Senate are needed to vote yes for this bill to pass. Now, the bill is 2/3rd's past the hurdles necessary to pass this bill. After years of long and hard fought battles, The US House of Representatives voted yes on this bill in late September. The President of the United States has pledged his support should the bill make it to his desk, however the Senate still needs to pass this bill by 60 yes votes for it to reach the Presidents desk.
I am still, as I always have, working very hard to see that we stop at nothing to get The "Zadroga" Bill signed into law. Today's decision to settle my offer with this proposed settlement will not stop my work. However I want to be clear when I state that the "Zadroga" bill passing is not a guarantee. Though the Democrats support the bill, there are only 58 Democrats in the Senate. We need the support of Joe Liberman from Ct. (an Independent) & 1 Republican member, or if not Mr. Liberman then the support of 2 Republican members of the Senate. This is not an easy task as the Republicans do not support the current proposal for funding of the "Zadroga" bill.
Now each of you who have not opted in need to make a decision. I am very aware of how difficult that decision is. Some may be considering opting out and waiting for "Zadroga". Understand that even if "Zadroga" passes, the vote will not come in the Senate until AFTER the mandatory opt in date of November 8th for this proposed settlement. So you may very well opt out of any and all monies currently offered and find out a week later that "Zadroga" has not passed. Again, I am fighting to see that it does pass, but I must caution all of you on all possibilities.
Or you may choose to opt in and guarantee yourself what is currently being offered and still take advantage of "Zadroga" if it passes. And of course if it fails, then you have at least protected yourself in some way.
After much work on my part as well as much conversation with my family, I decided that the best avenue to chart for myself was to opt in today, protect at least something and continue to fight for Zadroga.
Now as it relates to this proposed settlement. It is my belief that it is not all it could or should be. Many of us are asked to sign on the dotted line for mere pennies on the dollar. However as someone who has been involved with many aspects of 9/11 health and safety, I can almost guarantee that this offer is the best it is ever going to get. To be very honest with you, I am not sure that holding out for a better offer will ever be something that is attainable. Is trial a better alternative? Possibly, but not probably. The possibility of years of litigation must be and should be considered.
I am sending you this letter because I felt it important to be clear to any of you who may have followed my fight for 9/11 first responders thru out the past couple of years. Many times I have come out against this proposed settlement in it's original offer. I thought it important to announce that today I will accept the settlement, and have you hear that information from me and not read about it in a newspaper. I have always tried to treat each member of the 9/11 uniformed community with honesty and respect. I felt that today I should continue that honest approach by announcing my intentions. I understand that many of you may not support my decision and I respect that. Of course I still hope that you will entrust me to continue the work in Washington that I started so many years ago to see to it that the "Zadroga" bill passes.
In closing, I have provided you the reasons why I have made MY decision. My reasons should not be yours when it comes to choosing what actions will best protect you and your families. Only you can make the decision to opt in or out. I felt it important to let you know that I have, to the best of my ability, tried to learn & understand the concerns and feelings of what the many thousands in the uniformed 9/11 community feel each day. I have always worked, or at least tried to work on issues that I felt would assist us as we look to move forward with our lives as best we can.
Understand that my work will continue and I will keep each of you in my prayers. Please weigh all of your options and make the decision you think will be best for you.
Should you decide to officially opt in, you should do so asap. Though the opt in date is November 8th, the process from the time your paperwork is received to such a time as it is officially noted as entered takes some time in it's process. Opting in asap will provide you with time to correct mistakes and make adjustments. And as a factual note, each percentage point over 95% will add more funding to the original offer. A 100 % opt in will provide an additional $62.5 million dollars to the agreement. These are facts that I want you to consider when deciding your options.
Thank you,
Kenny Specht
President & Founder The New York City Firefighter Brotherhood Foundation
FDNY Ladder Co. 133 (Ret)
[email protected]
The New York City Firefighter Brotherhood Foundation P.O.Box 836 Levittown New York 11756
www.nycfirefighterfoundation.org
