Strategies for Proving Causation in 9/11-Related Illness Cases

After the 9/11 attacks, between 400,000 and 500,000 civilian workers, residents, and students were exposed to the millions of pounds of toxins that were released and hung in the air and on the ground until mid 2002. Tens of thousands of these people have developed 9/11-related illnesses, including various types of 9/11 cancers and aerodigestive disorders.

Help is available to anyone who worked, lived or went to school (or a loved one who has since passed away from cancer) after being downtown (south of Canal Street) anytime from 9/11 to mid 2002. The September 11th Victim Compensation Fund (VCF) and the World Trade Center Health Program (WTCHP). The VCF provides financial compensation for economic and noneconomic losses due to physical harm suffered from 9/11 exposure, and the WTCHP provides no-cost medical monitoring and treatment to those who have suffered from physical or mental illness as a result of their 9/11 exposure. These programs often provide massive relief to survivors and first responders, but the process of proving causation for these ailments can be complex. At Hansen & Rosasco, we have developed comprehensive strategies to help our clients navigate these challenges and get the needed medical care and compensation. 

Health Risks from Ground Zero

The collapse of the WTC towers released a cloud of toxic dust and debris into the surrounding area. This hazardous mixture contained a variety of substances, including asbestos, benzene, dioxins, and polychlorinated biphenyls (PCBs), which are known carcinogens. As a result, individuals exposed to this toxic environment are at increased risk of developing both physical and mental health conditions, including airway and digestive disorders such as asthma, gastroesophageal reflux disorder (GERD), chronic rhinosinusitis and various types of cancer such as lung cancer, mesothelioma, thyroid cancer, prostate cancer, and blood cancer. 

Provide Proof of Presence

The process of proving your presence in the Exposure Zone during or after the attacks is often a significant hurdle in these cases, especially if your place of employment no longer exists, or you have no official documents showing your presence. However, information sharing and careful planning can help overcome this challenge. Potential sources of proof can include employment records, residential records, eyewitness testimonies, or medical records. 

1. Employment Records: If you were employed in a location close to the World Trade Center or participated in the recovery efforts, gather relevant employment records that document your presence during the specified time. Your employer may be able to complete a Third Party Verification Form, which is the preferred method. Other options include pay stubs showing the location of your posting or employer’s address, official personnel rosters, responder dispatch records, personal injury reports, or police memo books.

2. Residency Records: If you lived in the vicinity of Ground Zero at the time of the attacks, obtain documentation such as lease agreements, utility bills, or other records that demonstrate your residence in the affected area.

3. Witness Statements: Sworn detailed affidavits or sworn declarations from at least two individuals who can confirm your presence at Ground Zero or in the surrounding areas during the aftermath of 9/11. These could include coworkers, friends, or fellow residents.

4. Medical Records: If you received medical attention in the aftermath of the attacks, your medical records could serve as substantial proof. Hospital records, treatment plans, prescriptions, or even records of regular check-ups that indicate a local address during the specified period can help to validate your presence in the Exposure Zone.

Is Your Condition Covered By the VCF?

The September 11th Victim Compensation Fund (VCF) provides financial assistance and support to individuals who have suffered physical harm (or a personal representative of a deceased individual) as a result of the 9/11 attacks or the rescue and recovery efforts. The VCF covers various illnesses, including more than 70 types of cancer, that have been linked to exposure during the attacks and their aftermath. It is essential to review the eligibility criteria and gather the necessary medical documentation to demonstrate your eligibility for a VCF claim.

To be eligible for an award from the VCF, an individual must have been present at one of the attack sites, within the New York City Exposure Zone, between September 11, 2001, through May 30, 2002. 

Consider Related Aerodigestive Illnesses

Several aerodigestive illnesses have been associated with 9/11 exposure and are recognized and covered by the VCF. Aerodigestive disorders affect the respiratory and digestive systems and may be caused by acute injuries from exposure to the WTC cloud. These can include chronic bronchitis, asthma, gastroesophageal reflux disease (GERD), chronic laryngitis, chronic cough syndrome, sinusitis, and more. 

Understand Timelines

When pursuing a 9/11-related illness claim, it is crucial to be aware that the VCF and WTCHP have specific timelines for registering and filing claims. The rules around these deadlines can be complicated, especially as some diseases, like many types of cancer, have longer latency periods. It's our job as experienced attorneys to help you understand these timelines and ensure that you file within the applicable deadlines.

Consult with a 9/11 Attorney

Navigating the complex legal landscape associated with a 9/11-related illness claim can be overwhelming. However, with the guidance of a knowledgeable attorney who specializes in 9/11 VCF cases, the process becomes considerably more manageable. An experienced 9/11 attorney can evaluate your case, assist in gathering evidence, and advocate for your rights. With their in-depth understanding of the VCF's requirements, they can assist you in crafting a compelling case for causation, significantly enhancing your chances of a successful outcome.

Hansen & Rosasco's Experienced Team Is Here for You

At Hansen & Rosasco, we understand the challenges faced by individuals who have developed cancer and other illnesses due to their exposure during the September 11th attacks. Our experienced team of 9/11 attorneys is dedicated to helping victims navigate the legal process and obtain the compensation they deserve. We have a proven track record of success in handling 9/11-related cases, and we are here to support you every step of the way. If you or a loved one is suffering from a 9/11 cancer or illness, we urge you to reach out to us. Our experienced team is here to guide you through this challenging process.