Expediting 9/11 Pancreatic Cancer Compensation Claims
Since September 11, 2001, an increasing number of 9/11 survivors (lower Manhattan workers, residents, and students) and first responders (firefighters, police officers) have been diagnosed with pancreatic cancer. The exposure to the multiple cancer causing airborne toxins in the 9/11 Exposure Zone in lower Manhattan was just far too much. Therefore, we are regularly doing our best to “expedite” or speed up the resolution and payouts on pancreatic cancer claims.
Unfortunately, pancreatic cancer is one of the deadliest cancers among the 68 cancers covered by the 9/11 Victim Compensation Fund (VCF) and the World Trade Center Health Program. The overall five (5) year survival rate for 9/11 victims with pancreatic cancer is just 9%. The survival rate for 9/11 victims with stage 4 pancreatic cancer – when the cancer has spread to other parts of the body – can be approximately one (1) year or less. The most common type of pancreatic cancer is pancreatic ductal adenocarcinoma (PDAC). It is often diagnosed after it has become advanced and/or metastatic.
Despite these statistics, there are promising new combination chemotherapy and immunotherapy treatments on the horizon. To date, the only “cure” for pancreatic cancer is a complicated surgery called the Whipple procedure which is only appropriate for approximately 20% of patients. Thankfully, advanced cancer medical centers have begun doing the Whipple procedure through laparoscopic or robotic techniques. These techniques substantially cut down on recovery times.
Given the often poor prognosis of our clients with pancreatic cancer, the attorneys and staff at Hansen & Rosasco must take special measures to protect their rights to both timely medical care and swift compensation. The VCF Policies and Procedures Manual, Section 8.2, allows an Expedite Process for clients with a “terminal illness”. However, the VCF does not define the term “terminal illness” in writing. More importantly, they do not provide any written guidance on how long before a victim is expected to die before they will “expedite” a claim. In our opinion, this is one specific area where the VCF claims process needs immediate and significant improvement.
For example, until recently, our experience with the VCF was that they unofficially allowed claims to be expedited only if an oncologist provided a signed letter that the patient would likely die within 12 months and/or was entering hospice care (palliative care to relieve symptoms, but not cure). Then the VCF moved the goalposts unofficially by limiting the expedited process to clients with six (6) months or less to live. Now, unbelievably, it is our experience that the VCF has moved the goalposts once again and will not expedite a terminal claim unless the client has three (3) months or less to live.
Imagine asking your treating physician to write a letter to the VCF stating you have three months or less to live. Is your oncologist willing to write such a letter given what it may do to your continued fight against cancer? Are you willing to ask your doctor for such a letter?
Sadly, our office, despite our best efforts, has seen clients die before the VCF has made a decision on an “Expedite” request. Almost always a client’s expedited request has little or nothing to do with money. They are near the end of life and simply want some closure and wrap up their affairs for their family. It is one of the saddest days in our office when we experience this situation.
Because of the prognosis for many pancreatic cancer patients, we offer strong support for every individual and family we meet. Those affected with pancreatic cancer or other types of cancer as a result of the attack on the Twin Towers may be eligible for compensation through the September 11th Victim Compensation Fund (VCF).
Speaking with a 9/11 cancer lawyer at Hansen & Rosasco, LLP will give you the comfort you need during this time – from your own personal health care to your 9/11 Victim Compensation Fund (VCF) payouts.
800-887-7299
