Mesothelioma and the VCF: Asbestos Exposure at Ground Zero and Your Legal Rights
When the World Trade Center collapsed on September 11, 2001, the buildings’ destruction released enormous quantities of asbestos into the air over lower Manhattan. The Twin Towers and surrounding structures had been built in an era when asbestos was widely used in construction. It was used as fireproofing spray on steel beams, in floor tiles, insulation, and other building materials. The collapse aerosolized this material into respirable fibers that contaminated the air of the rescue and recovery site for weeks and months. For responders who spent extended time at Ground Zero breathing that air, and for some survivors in close proximity to the site, mesothelioma (a rare and serious cancer caused almost exclusively by asbestos exposure) is among the most devastating long-term consequences.
Mesothelioma is a WTC Health Program-certified condition. If you or a family member has been diagnosed with mesothelioma and was present at an eligible 9/11 site, you may be entitled to significant compensation through the VCF. The Dearie Law Firm, P.C. handles mesothelioma VCF claims.
Why Mesothelioma Has a Special Status in 9/11 Claims
Mesothelioma is unusual among 9/11-related conditions in several important ways.
First, it has an extremely long latency period. Twenty to fifty years typically pass between initial asbestos exposure and clinical diagnosis. This means that the wave of mesothelioma diagnoses in 9/11-exposed populations is likely still building. Many cases that originated at Ground Zero have still not been diagnosed.
Second, mesothelioma is almost always fatal. It is among the most aggressive and treatment-resistant cancers. Median survival time, even with modern treatment, remains limited. This makes the VCF claim (and the expedited handling the VCF provides for terminal conditions) particularly important.
Third, mesothelioma is almost uniquely caused by asbestos. Unlike many other cancers where the causal link to 9/11 exposure is one of several possible explanations, a mesothelioma diagnosis in a 9/11 responder with no other substantial asbestos exposure history is extremely strong evidence of 9/11 causation.
The Asbestos History of the World Trade Center
The World Trade Center was completed in the early 1970s. Significant quantities of asbestos were used in the original construction of the North Tower before asbestos use was regulated. Some asbestos materials were also present in the South Tower and surrounding buildings. When the buildings collapsed, these materials were pulverized and mixed into the enormous cloud of dust and debris that settled over lower Manhattan. Thousands of people present at the site inhaled this material. EPA air quality data collected in the weeks after 9/11 documented the presence of asbestos at various locations around Ground Zero. Subsequent research has confirmed the asbestos exposure burden faced by recovery workers.
The VCF Process for Mesothelioma Claims
Mesothelioma claims through the VCF follow the same general framework as other cancer claims: WTC Health Program enrollment, certification, and then a VCF claim filing. However, there are important considerations specific to mesothelioma.
Expedited processing: The VCF has provisions for expedited processing of claims involving terminal conditions. If a claimant has a terminal diagnosis, the VCF may prioritize processing to allow the claimant to receive compensation while they are still living. A VCF attorney can request expedited processing and help ensure the claim is fully documented for rapid review.
Wrongful death claims: Mesothelioma’s prognosis means that some claimants do not survive to receive their award. If a 9/11 responder or survivor has passed away from mesothelioma, a family member acting as personal representative of the estate may be able to file or continue a VCF wrongful death claim. Deadlines apply. The process requires specific documentation.
The award for mesothelioma, given its severity and typically fatal course, is likely to be substantial. It reflects both the serious non-economic loss of a terminal diagnosis and the economic impact of premature death or disability.
Other Asbestos-Related Conditions
In addition to mesothelioma, the WTC Health Program certifies other asbestos-related conditions. These include asbestosis (scarring of the lung tissue from asbestos fiber accumulation) and pleural disease (thickening or fluid around the lungs). These conditions may not be as immediately life-threatening as mesothelioma but are still serious, progressive, and compensable through the VCF.
Contact The Dearie Law Firm for a Free Consultation
If you or a family member has been diagnosed with mesothelioma and were present at the World Trade Center site, the Pentagon, or another eligible 9/11 location, call The Dearie Law Firm, P.C. immediately. Given the serious and often urgent nature of mesothelioma, prompt legal action matters. We handle these cases on contingency and can work to expedite processing through the VCF.