Lawyer: So far most in WTC case want $712 million deal

There are plenty of votes still to be cast and the bar for success in the World Trade Center responder settlement is very high.

But with less than three weeks before the court-imposed Sept. 8 deadline, virtually all the claimants who have replied want to accept the proposed $712 million settlement, one of the key attorneys in the case said Thursday.

"People are very happy with the settlement," said Manhattan attorney Marc Bern, whose firm represents about 9,500 plaintiffs.

The case totals a bit over 10,000 claimants who have suffered effects from working at the Ground Zero cleanup site and in recovery operations.

So far Bern said his office has received 4,000 acceptances of the settlement, with about 35 rejections, an approval rate of more than 99 percent. Still, with about 6,000 claimants yet to respond, it is unclear if the acceptance rate will remain above the 95 percent needed to approve the deal.

Some claimants have been vocal in opposing the settlement - which originally totaled $575 million - as still too low and have criticized the lawyers for wanting to recoup their expenses.

Bern, the city, Manhattan federal Judge Alvin Hellerstein and special arbiter Kenneth Feinberg have beseeched the thousands of ill men and women to accept the deal. Any claimant who opts out would have to pursue the case in court where the outcome is uncertain.

Kenneth Becker, the city's lawyer in the case, didn't want to comment on the settlement trend Thursday, but reiterated his view that the settlement was fair. Hellerstein's office said the court keeps no running tally on the voting.

The proposed settlement would contains a point system. Generally, points will be computed under a formula that takes factors like a person's age, smoking history and time at Ground Zero into consideration, said attorneys involved in the case.

Feinberg would be the final arbiter of appeals by any plaintiffs who didn't like their awards.

One official who didn't want to be named expected there would be a flood of last-minute responses from plaintiffs much as was seen in the Sept. 11 Victim Compensation Fund, which Feinberg directed.