• 9/11 Victim Programs
  • Victim Compensation Fund (VCF)
  • WTC Health Program (WTCHP)
  • Wrongful Death VCF Claims

For FDNY firefighters, 9/11 Cancer Risk Continues

New York City firefighters (as well as firefighters from other jurisdictions) continue to face increased cancer risks and battle chronic respiratory issues – even 18 years after the World Trade Center attacks.

This finding is based on research discussed at a recent Regional Firefighter Cancer Seminar at the FDNY Fire Academy on Randall’s Island. The event was sponsored by the First Responder Center for Excellence, along with the Firefighter Cancer Support Network and the FDNY. For more information, reach out to a 9/11 VCF lawyer.

The one-day event included findings on occupational cancer and research for firefighters, as well as prevention training, best practices and available resources for departments and individual firefighters.

The latest research shows that even those who joined fire departments after September 11 face an “elevated risk” for certain cancers, according to The Chief-Leader, a New York City-based weekly publication whose focus includes municipal government and civil servants. “Believe it or not, among the firefighters who were not yet on the department during 9/11, we have 65 cases of severe [presumptive] cancers,” Deputy Assistant Chief Mike Meyers, the FDNY’s chief of safety, told The Chief-Leader. “Overall, firefighters are 14 percent more susceptible than the general population to cancer,” he added.

The findings are even more drastic for those who worked at Ground Zero in the weeks and months that followed September 11. On that day, the FDNY lost 343 firefighters who rushed to the crash site. And of those firefighters who were exposed to the toxins at Ground Zero, 200 have since died.

The FDNY is now concerned about a possible increase in diagnoses in hematological (such as leukemia, non-Hodgkin’s lymphoma, multiple myeloma), thyroid cancer, bladder cancer and testicular cancers, Meyers said.

Now, nearly 20 years later, there are other ailments. “Unfortunately, we have moved into the third wave of diseases,” Dr. Jacqueline Moline, director of the Northwell Health Queens World Trade Center Health Program, stated in June, when she testified before Congress. “Over 50 percent of firefighters who worked at the World Trade Center site have developed a respiratory condition,” she said at the time. The FDNY has reported that more than 1,000 of its active and retired members are fighting 9/11-related cancers, according to The Daily News.

And those numbers are expected to increase, researchers say. “Our Bureau of Health Service projected 2,400 cases of new cancer between 2017 and 2031,” Meyers told The Chief-Leader. “So, looking ahead, we are talking about 25 percent of our workforce present at the WTC coming down with some kind of cancer.”

Despite these sobering predictions, medical experts say that early detection and treatment can bring positive health outcomes. There are resources that can assist firefighters and others who breathed in toxins as they rushed to the scene of the terrorist attacks at Ground Zero and helped in the recovery efforts. They are encouraged to enroll in the 9/11 Victim Compensation Fund, which provides financial support for those with serious medical issues, and the World Trade Center Health Program, which provides lifetime medical care, with no deductible or copays.

Enrolling in these programs can seem overwhelming: There are timeframes and deadlines to consider, records to collect, witnesses to interview, affidavits to prepare and forms to complete and file. It is a complex process, and many responders and survivors are not even aware of the benefits it includes, such as pain and suffering, wrongful death awards, and past out-of-pocket medical expenses, among others. For these reasons, attorneys at Turley Hansen & Rosasco, LLP say it is key to work with 9/11 attorneys who understand the nuances of the programs to successfully navigate the process. Over 80 percent of all eligible 9/11 victims with current claims use lawyers to help assist in proper claim filing. First responders are encouraged to enroll in the programs, get evaluated, and discover the resources that are available to them

For FDNY Firefighters, the Cancer Risk Continues

After September 11th, dust from the collapsed World Trade Center lingered for months, exposing hundreds of thousands of people to carcinogenic and toxic substances.

Among those exposed were thousands of FDNY firefighters, many of whom worked on recovery and cleanup efforts at the site for months following the disaster. Encouraged by public statements from officials that the dust was not hazardous, those responders often did their work without adequate (or any) personal protective equipment (PPE).

It has taken years for government officials to understand the horrifying scope of the medical problems people have suffered after being exposed to WTC dust and debris. But programs now exist to provide medical services and compensation to FDNY firefighters and others who lived, worked, or attended school or daycare in the impacted area and have since developed cancer and other illnesses tied to toxic dust exposure.

More than 20 years on, enrollment in these programs continues to increase by the thousands annually, as risks of cancer and other conditions continue to impact FDNY firefighters and their fellow exposure victims.

Twenty Years Later, Firefighters Continue to Receive Cancer Diagnoses

Cancer resulting from exposure to carcinogenic substances such as the heavy metals, asbestos, jet fuel, and plastics found in the toxic 9/11 dust plume did not develop instantaneously. Instead, years passed between victims’ initial exposure and their diagnosis. That delay is known as a cancer’s latency period.

The Centers for Disease Control and Prevention (CDC) has developed a list of minimum latency periods for certain types of cancer tied to 9/11 toxic exposure. That period represents the shortest time that can pass between exposure and diagnosis for the exposure to be considered a cause of the cancer. There is, however, no maximum latency period between exposure and diagnosis. FDNY firefighters who suffered toxic exposures in Lower Manhattan will continue to face an increased risk of cancer for the remainder of their lives.

According to the CDC, the minimum latency period for 9/11-related cancers include:

  • Mesothelioma: 11 years
  • Most solid cancers: four years
  • All types of leukemia and lymphoma: 0.4 years
  • Thyroid cancer: 2.5 years

This is not a complete list. The key takeaway is that cancers tied to exposure to toxic dust can emerge many years afterward. All FDNY personnel who worked in Lower Manhattan on and shortly after 9/11 face heightened risks of developing cancers today and in the future.

Types of 9/11 Cancer Affecting FDNY Firefighters

Studies indicate that FDNY 9/11 firefighters have a 13 percent higher risk of developing cancer than firefighters who were not exposed to the toxins at Ground Zero. This statistic is in addition to the heightened cancer risks most FDNY firefighters face from toxic substances they encounter in their everyday jobs, compared to the general population.

The increased risk for FDNY 9/11 responders is particularly apparent with certain types of cancer. For example, they have a 39 percent greater risk of developing prostate cancer, and their risk of thyroid cancer is more than double that of non-exposed firefighters.

Other types of cancer linked to 9/11 toxic exposure include:

  • Blood and lymphoid tissue cancers, such as leukemia, lymphoma, and myeloma
  • Breast cancer in both women and men
  • Childhood cancers
  • Colorectal and other digestive system cancers
  • Eye and orbit cancers
  • Ovarian cancer
  • Cancers involving the head or neck, including the tonsils and oropharynx
  • Mesothelioma due to asbestos in the toxic dust plume
  • Rare cancers, including cancers of the adrenal gland, pancreas, or small intestine
  • Lung cancers and other cancers affecting the respiratory system
  • Skin cancers, including melanoma and non-melanoma
  • Cancers impacting the soft and connective tissue
  • Bladder, kidney, or other types of cancer impacting the urinary system

When research reveals a prevalence of a certain type of cancer in the 9/11 responder or survivor communities and medical evidence links that cancer to toxic exposure, the CDC adds that cancer to the list of conditions recognized as 9/11-related. This makes individuals who suffer from that cancer due to a 9/11 toxic exposure presumptively eligible for federal benefits programs. For example, uterine cancer will likely soon appear on the CDC’s list of covered conditions, thanks to research establishing a link between exposure and that illness.

Surprising Findings About FDNY Firefighters Who Have Been Diagnosed With 9/11-Related Cancer

While studying the increased risk of cancer for FDNY firefighters who worked at Ground Zero on 9/11 or in the months that followed, researchers made a rather surprising finding: FDNY firefighters who were exposed to WTC dust, while more likely to be diagnosed with cancer than firefighters who were not exposed, also have a higher chance of surviving any cancer they develop.

The researchers believe the following factors may explain the higher-than-normal survival rates:

  • Better overall health when the exposure occurred. Many FDNY personnel who responded to Ground Zero on 9/11 and worked during subsequent recovery and cleanup efforts were in their twenties or thirties. The rigors of their jobs required them to stay in shape. Patients in good physical condition when they fall ill often have better health outcomes.
  • Better access to treatment. FDNY firefighters were among the first participants in federal medical monitoring and treatment programs established in the wake of 9/11 that eventually grew into what we now refer to as the World Trade Center Health Program (WTCHP). Early access to those benefits increased the likelihood of FDNY firefighters receiving early diagnosis and treatment of 9/11-related cancers, which led to better-than-average survival rates.

Unfortunately, as more than half of the 9/11 FDNY firefighters are now between the ages of 45 to 65, the advantages of relative youth and good overall health are beginning to dissipate. FDNY firefighters who receive a cancer diagnosis today may not be able to count on elevated survival rates in the future, making their participation in federal benefits programs all the more crucial for them and their families.

The Federal Programs Assisting FDNY Firefighters With 9/11-Related Cancer

Shortly after 9/11, the federal government put programs in place to assist individuals who had suffered the most serious impacts. The original September 11th Victim Compensation Fund (VCF) provided compensation primarily for the family members of those who perished on planes and on the ground during the attack, as well as those who suffered serious injuries. That first VCF program operated until 2004.

Later, the government began offering two medical monitoring and treatment programs in New York City. But as time passed, helping those harmed by 9/11 lost priority within the federal government, leaving many affected individuals growing sicker by the year and without the resources needed to fight their illness.

In 2010, Congress passed the James Zadroga 9/11 Health and Compensation Act and then-President Barack Obama soon signed it into law. The law created additional resources for FDNY firefighters and others who lived, worked, or attended school in Lower Manhattan on 9/11 or in the following months. Here is a look at the two federal programs providing those resources.

Contact

The World Trade Center Health Program (WTCHP)

The World Trade Center Health Program (WTCHP) is a U.S. Department of Health and Human Services initiative administered jointly by the CDC and the National Institute for Occupational Safety and Health (NIOSH).

The WTCHP provides:

  • All medically necessary treatment for 9/11-related health conditions, including cancers;
  • Monitoring services including annual screenings for known 9/11-related cancers.

WTCHP provides its services at Clinical Centers of Excellence in the New York City region and at affiliated providers nationwide. The WTCHP also “certifies” the diagnosis of patients afflicted with 9/11-related cancers and other health conditions, as part of the process of establishing their eligibility for compensation through the VCF (see below).

More than 17,000 FDNY personnel have enrolled in the WTCHP to obtain medical monitoring and treatment services for illnesses related to their 9/11 exposure. FDNY firefighters account for about 15 percent of the WTCHP’s overall enrollment. The vast majority of firefighters participating in the program are male, and more than half currently fall in the age range of 45-65. Since the Program’s inception, more than 14,700 living responders and 1,200 responders who are now deceased have received a certified 9/11-related cancer diagnosis.

The September 11th Victim Compensation Fund (VCF)

The Zadroga Act also reauthorized the VCF for a period of five years and expanded its eligibility criteria in order to compensate more victims. VCF benefits pay for 9/11 victims’ income loss and pain and suffering, and compensate families of individuals who died as a result of a 9/11-related health condition. In 2015, the program was authorized and funded for another five years.

In 2019, a Special Master appointed to oversee the VCF announced that the program did not have sufficient funds to fully compensate all of its pending and projected claims. A few months later, Congress passed—and President Donald Trump signed into law—the Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victims Compensation Fund Act. The law effectively funded the VCF permanently, authorizing it to remain open and to pay all claims made through October 1st, 2090.

To reserve their right to file a claim with the VCF, all FDNY firefighters, other responders, survivors, or surviving family members must register with the program through its online registration process. In most cases, they must do so within two years of the date on which they either received a certification of a 9/11-related health condition from WTCHP or were diagnosed with a qualifying condition by a private physician, or within two years of the date of their loved one’s death from a 9/11-related medical condition.

So long as they complete registration on time, individuals can file a VCF compensation claim at any time before October 1st, 2090. In addition to compensation for wage loss associated with the condition and other out-of-pocket expenses, FDNY claimants can receive up to $250,000 for pain and suffering related to a cancer condition. Those seeking compensation for a non-cancer condition can obtain up to $90,000 in pain and suffering damages.

How Attorneys Help FDNY Firefighters Get the Resources They Need

Hansen & Rosasco, LLP - 9/11 Attorneys in New York
Hansen & Rosasco, LLP

Applying for benefits through the WTCHP and VCF can feel overwhelming for FDNY firefighters and their loved ones. An experienced 9/11 benefits attorney can help. Nothing requires you to have an attorney when applying for 9/11 benefits, but hiring one can make the process immeasurably easier and more efficient. An experienced 9/11 benefits attorney can offer a wealth of know-how and insight into how to present the strongest possible claim, and has the resources to take legal action on your behalf, when necessary, to make sure the process goes smoothly and that you get the care you need and money to pay your expenses.

The ideal is to hire an attorney at the beginning of the 9/11 benefits application process. But FDNY firefighters can also seek the assistance of an attorney after they have tried to apply to the WTCHP or file a VCF claim on their own, only to have their claims denied. A skilled lawyer can take over the process of correcting mistakes in your application, communicating with WTCHP and VCF representatives, and formally appealing the denial of your claim when necessary.

An attorney who has an understanding of the federal 9/11 benefits programs can also explore your additional options for financial and functional assistance, such as applying for Social Security Disability Insurance (SSDI) benefits or private assistance programs.

FDNY firefighters who need assistance with obtaining services through the VCF and WTCHP can contact us for more information.

Give us a call today at 1-800-887–7299. A member of our team of highly qualified “Never Forget the Heroes: James Zadroga, Ray Pfeifer, Luis Alvarez 9/11 Health and Compensation Act of 2019” lawyers is ready to give you help and guidance in filing a claim with the World Trade Center Health Program and the September 11th Victim Compensation Fund. To learn more about September 11th Victim Compensation Fund eligibility, click here.