Settlement deadline looms for Ground Zero workers

Ground Zero workers face a new deadline of 11:59 p.m. Tuesday night to decide whether to join the proposed $650 million settlement of respiratory and other health claims against New York City and its contractors.

The deadline, originally set for midnight on Nov. 8, was extended last week by the city's insurer and U.S. District Judge Alvin Hellerstein following a request from plaintiffs' lawyers, who have been struggling to reach a 95 percent opt-in trigger required for the settlement to take effect.

Lawyers said Monday that acceptances were still coming in, but Hellerstein has imposed a gag order on lawyers in the case, prohibiting any discussion of the tally or whether the 95 percent trigger has been reached until an official count is conducted by a court-appointed settlement administrator.

That has apparently created some tension, according to a statement posted on the website of Worby Groner Edelman & Napoli Bern, the law firm representing about 10,000 claimants, the bulk of the Ground Zero cases.

"Many of our clients have been repeatedly calling our offices seeking information about the percentage of clients who have opted in to the settlement, and demanding information about when their settlement money will be paid," said the firm in a plea for patience. "Unfortunately, a small percentage of these callers have been verbally abusive, and some have even threatened our staff and attorneys."

The settlement, agreed to in the summer, allocates money to the thousands of cops, firefighters and other laborers who worked at Ground Zero based on the severity of their injuries and other factors. The total settlement rises in increments from $650 million at 95 percent to $712 million if 100 percent agree to it.

A week ago, before the gag order and the extension, the tally of opt-ins by plaintiffs' lawyers had topped 92 percent. At that time, the numbers were lagging among those with the least-severe injuries, including those who claim only a fear of disease based on their Ground Zero work.

Those who don't opt in preserve their right to litigate their claims in court. Cases could get to a jury, but they could also be dismissed by Hellerstein based on various legal defenses the city has asserted.

After midnight Tuesday, records are to be passed to the settlement administrator by Thursday, and the official tally will come some time after that. The city and its insurers could waive the 95 percent and implement the settlement even if the number falls slightly short of that, but have not yet signaled whether they would be willing to do that.