Hansen & Rosasco, LLP

In the years since September 11th, an increased risk of developing various cancers, including childhood cancers has been linked to exposure to the aftermath of the World Trade Center (WTC) attacks, as has been highlighted by various studies and medical research. The attacks on September 11, 2001, created a cloud of toxic dust and debris that left a lingering impact on the health of thousands of people who were present during the attacks and in the weeks and months that followed. This is true not only for the first responders and recovery workers who responded to Ground Zero but also for others who were exposed to the aftermath, including children.

Sinusitis has emerged as a significant concern among those who were present in downtown Manhattan after the 9/11 attacks. The link between the 9/11 attacks and the prevalence of sinusitis is clear, as chronic rhinosinusitis remains the top 9/11 condition certified by the World Trade Center Health Program (WTCHP). Sinusitis is a condition that continues to affect the quality of life for many individuals involved in the recovery efforts. Fortunately, help is available. Those who have developed sinusitis as a result of 9/11 exposure may be eligible for no-cost medical monitoring and treatment through the WTCHP, as well as financial compensation for their economic and noneconomic loss through the September 11th Victim Compensation Fund (VCF).

Over two decades since the terrorist attacks, 9/11-related liver cancer has been prevalent in the survivors, civilians, responders, and others who were exposed to the toxic environment in lower Manhattan from 2001 through 2002. The complexity of liver tumors and their tendency to be diagnosed at advanced stages have historically made effective treatment difficult. However, recent advancements in liver cancer research are offering new hope. From gene therapy to targeted therapy and beyond, these innovations are shaping a brighter future for liver cancer patients, including those exposed in the aftermath of 9/11.

9-11 related Sleep apnea is one of a wide range of health conditions that have emerged among those impacted by 9/11 since the September 11, 2001, terrorist attacks. Along with various types of 9/11 cancers, lung disease, and other aerodigestive disorders, sleep apnea has been increasingly reported amongst first responders, residents, downtown workers, students, and others who were present in downtown Manhattan in the aftermath of 9/11. But is there a connection between their sleep apnea and exposure to 9/11 toxins? The World Trade Center Health Program (WTCHP) recognizes sleep apnea as a WTC-related health condition when it is associated with another 9/11 condition such as COPD, asthma, or other 9/11 aerodigestive disorder. Find out more about sleep apnea and 9/11, as well as the support available through the WTCHP and the September 11th Victim Compensation Fund (VCF). 

When you file a claim for compensation with the September 11th Victim Compensation Fund (VCF), you normally have to include documents that demonstrate that each expense is related to one of your eligible conditions. There are some expenses, however, that the VCF will accept without the need to prove a connection to the related condition because they have been determined to be commonly necessary and directly related to a specific 9/11-related condition. These are called presumptively compensable expenses. Because they are "presumptively" eligible for compensation, these expenses are generally accepted without the need for extensive documentation or justification. This can help to streamline the claims process and ensure that claimants receive timely and fair compensation.

The VCF has a number of important rules that govern reimbursement for medical expenses. First, out-of-pocket medical expenses can only be requested for amounts spent before the 9/11 conditions was certified by the WTC Health Program. Second, a request for reimbursement of past medical expenses must be submitted as an amendment after the VCF issues the initial award for non-economic (pain and suffering) losses. Third, the 9/11-related past out-of-pocket expenses must total at least $5,000. 

In 2012, the World Trade Center Health Program recognized malignant neoplasm of the ovary (ovarian cancer) as a 9/11-caused cancer. While this was a landmark finding, much work remains to be done since ovarian cancer remains one of the most challenging cancers to treat, primarily when it is not detected early. Traditionally, the treatment of ovarian cancer involves a combination of surgery and platinum-based chemotherapy, which often affects healthy cells along with cancerous ones, and leads to adverse side effects among patients with ovarian cancer. Furthermore, outcomes for ovarian cancer cases not detected early have been poor, and most patients treated with chemotherapy go on to develop chemo-resistant ovarian cancer. Recent advancements in research and treatment, including more precise chemotherapies and targeted therapies, are providing new hope for patients, including those with an increased risk of ovarian cancer due to toxic exposure like those present in the aftermath of the September 11, 2001 attacks. 

The most common type of ovarian cancer is high-grade serous ovarian adenocarcinoma, accounting for approximately 75% of epithelial ovarian cancers. Clear cell carcinoma is the second most common type of ovarian cancer and is seen in approximately 1 out of 10 women diagnosed with epithelial ovarian cancers. Other less common forms of epithelial ovarian cancer include endometrioid adenocarcinoma, mucinous adenocarcinoma, and low-grade serous carcinoma. Other rare types of ovarian cancer include stromal tumors, germ cell tumors, and small cell cancer of the ovary.

Exposure to the hazardous mix of airborne toxins released from the collapse of the World Trade Center (WTC) – just by living or working in lower Manhattan from 2001 through mid-2002 – has led to a range of health conditions. Among the most common of these are aerodigestive disorders – conditions affecting the respiratory and upper digestive tracts. Currently, 9/11 aerodigestive disorders make up the largest category of certified WTC-related conditions, with over 56,000 WTC Health Program members diagnosed with a 9/11 aerodigestive disorder.  

The September 11th Victim Compensation Fund (VCF) was established by the James Zadroga 9/11 Victim Compensation Act (Zadroga Act) to provide tax-free compensation to people who developed cancer after being exposed to the 9/11 dust between 9/11 and May 30, 2002. If you were present in Lower Manhattan after the attacks and have since received a cancer diagnosis, National Cancer Survivor Month is an excellent time to learn more about how the VCF can support you. 

Navigating the 9/11 VCF appeals process for a denied or unsatisfactory decision from the VCF can be daunting, especially given the short deadline involved. Understanding the appeals process and adopting best practices can significantly improve the outcome of your appeal. When a 9/11 VCF claim is denied or the VCF has made an award that the claimant feels does not fully account for the scope of their losses, this may feel like a huge loss. However, it’s important to remember that this decision is not necessarily a final ruling. The VCF allows claimants to appeal the VCF decision or amend their VCF claim. Here's how you can effectively challenge your VCF decision.