Responders who sued New York City and its contractors for health problems caused by conditions at Ground Zero after 9/11 had until just before midnight last night to opt into a sweeping settlement of their claims. Although the deadline for the some 10,000 plaintiffs has been extended twice, Southern District Judge Alvin K. Hellerstein issued an order yesterday saying there would be no further extensions. He also said tomorrow’s deadline for processing opt-in claims remains in place while the organization and verification of those claims continue “on as speedy a schedule as practicable.” Technically, the settlement does not become effective unless 95 percent of the plaintiffs participate but there is room to maneuver.
Judge Hellerstein instructed plaintiffs’ liaison counsel Worby Groner Edelman & Napoli Bern to file a report by Monday identifying those plaintiffs who did not opt in, but said the list should be broken down into categories—eligible plaintiffs who “could not be located despite diligent efforts,” plaintiffs who were located but did not respond to inquiries over whether or not they would opt in, and plaintiffs who expressly decided against opting in. The breakdown leaves open the possibility that plaintiffs who cannot be located will not count toward the total number of plaintiffs on which the 95 percent threshold is based. The settlement calls for plaintiffs who opt in to be paid a total of between $625 million and $716 million, depending on the percentage who participate.
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