9/11 responder blasts use of his settlement as an example

Sept. 11 responders advocate John Feal of Nesconset has settled his lawsuit over a foot injury at Ground Zero but is lashing out at the decision of lawyers for 10,000 other plaintiffs to use his name in e-mails and a news release urging their clients to settle.

The dispute comes as lawyers for Worby Groner Edelman & Napoli Bern work to get 95 percent of responders to agree to a $712-million settlement with the city and its contractors over cancers and respiratory illnesses. Without hitting that benchmark by next month, the settlement won't go through.

Feal, who is not part of that proposed settlement, says the use of his name runs counter to his effort to remain publicly neutral on whether individuals should accept that deal, and misleadingly suggests his decision to take an undisclosed amount for a foot injury should lead another person to take a different amount for a different injury.

"I find it disturbing that they would use me, use my name to better their cause and give out disingenuous information to the 9/11 heroes," Feal said. "They'll do anything to get their 95 percent."

A news release issued by Worby Groner, titled "John Feal, Founder of FealGood Foundation, Settles His 9/11 Claims," says publicly filed court documents on Sept. 28 revealed that Feal had settled his lawsuit, and quotes a firm partner, Paul Napoli, saying "Feal has shown the public and other 9/11 heroes that the best option presently available for compensation now is to settle their pending lawsuit."

Napoli said the release was primarily motivated by Feal's long-standing advocacy of legislation in Washington reopening the original Victims Compensation Fund, which could provide more generous benefits than the settlement.

He said the version of that legislation, which passed the House last week, known as the Zadroga bill, would allow responders to collect money from the settlement and later also collect from a reopened federal fund, and said Feal's decision to settle his own case sent a powerful message that the time is right for others.

Napoli said he didn't need Feal's "permission" to use his name in a release. "My clients have followed what he's done and want to know what he's doing," Napoli said. "He's the Brad Pitt of 9/11."

Napoli said the lawyers are still confident they will get 95 percent agreement on the settlement by Nov. 8.Feal's lawyer, Frank Andrea, said "Comparing his settlement to the other class is like comparing apples to oranges."