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Understanding the Legal Path for 9/11 Breast Cancer Victims
Breast cancer is among the many conditions that are officially recognized as linked to the toxic exposure. In fact, it is the third most common cancer diagnosis among those present in the aftermath of the attacks, with nearly 4,000 individuals certified with 9/11-related breast cancer by the World Trade Center Health Program (WTCHP). These 9/11 breast cancer victims include first responders, cleanup workers, NYC residents, students, downtown civilian workers, and others who were present in Lower Manhattan or other 9/11 exposure zones at any time between 9/11 and May 30, 2002.
For those who have since developed breast cancer, there are specific medical and legal resources available through federal programs designed to provide health screenings and cancer treatment as well as financial compensation for pain and suffering and any economic losses such as out of pocket medical expenses or lost earnings. If you lost a loved one to breast cancer, the same compensation is available plus potentially an award for wrongful death, an award to a spouse and any dependents, and funeral/burial expenses.
Here, we outline the legal path for 9/11 breast cancer victims, from medical certification through WTCHP to filing claims for financial compensation with the 9/11 Victim Compensation Fund (VCF).
Breast Cancer and Exposure Risks from 9/11
The massive cloud of dust and debris that blanketed Lower Manhattan in the weeks and months following the attacks contained a toxic mixture of carcinogens, including asbestos, benzene, dioxins, and heavy metals. First responders, recovery workers, downtown office employees, residents, and students were all exposed to these toxic substances, often for extended periods, as the dust lingered in the air and settled on surfaces for months following the attacks.
Research has since confirmed a link between 9/11 exposure and an increased risk of various cancers, including breast cancer. While breast cancer is most commonly associated with women, 9/11 breast cancer has shown itself to be indiscriminate, with both men and women having been diagnosed with breast cancer after 9/11 exposure. Furthermore, it isn’t just responders that are at a higher risk of developing breast cancer – in fact, survivors such as residents, students, and downtown office workers are more likely to be diagnosed with 9/11-related breast cancer than responders, accounting for approximately 85% of diagnoses.
Cases among male responders and survivors have skyrocketed since 2018, highlighting the widespread effects of 9/11 exposure. Men represent about 1% of all breast cancer diagnoses in the general population, but the proportion is higher among the 9/11-exposed community. Over 90 men have already been diagnosed with 9/11-related breast cancer, which is six times more than was reported in 2018, and is 90 times more than the national average. This reinforces the need for screening and awareness for both men and women who were exposed to the 9/11 dust cloud.
Doctors now recommend that anyone with 9/11 exposure be proactive about discussing their cancer risks with their healthcare providers. Early detection remains one of the strongest tools for improving treatment outcomes.
The Role of the World Trade Center Health Program (WTCHP)
The World Trade Center Health Program, created under the James Zadroga 9/11 Health and Compensation Act, provides free medical monitoring and treatment for 9/11-related health conditions, and certifies conditions for eligibility for compensation through the VCF.
WTCHP certification is the first and most important step for those with 9/11-related breast cancer. Certification confirms that the cancer is linked to 9/11 exposure and makes individuals eligible for free health care under the program. To qualify, applicants must:
- Show proof of presence in the 9/11 exposure zone (in lower Manhattan south of Canal Street as well as the crash sites at the Pentagon and Shanksville, PA) between September 11, 2001 and May 30, 2002.
- Provide medical records supporting a breast cancer diagnosis.
- Meet WTCHP criteria for duration of exposure.
Once certified, members receive comprehensive medical care related to breast cancer, including diagnostics, surgery, chemotherapy, radiation, and follow-up care at no cost.
The WTCHP operates through a network of Clinical Centers of Excellence in New York and a Nationwide Provider Network (NPN), meaning that both local residents and those who have since moved across the country can still access covered care. Importantly, once a condition like breast cancer is certified, patients are entitled to lifetime treatment through the program.
The WTCHP has also played an important role in advancing research. By collecting data from thousands of patients, WTCHP researchers have been able to better understand cancer patterns and treatment outcomes for the 9/11 community, helping to improve care.
The 9/11 Victim Compensation Fund (VCF) for Breast Cancer Victims
The 9/11 Victim Compensation Fund, also established under the Zadroga Act, provides financial compensation to individuals (and families in the case of wrongful death claims) impacted by 9/11-related health conditions. Unlike the WTCHP, which handles medical care, the VCF addresses the financial losses caused by illness.
Breast cancer victims may be eligible for compensation covering:
- Economic losses such as lost wages, retirement benefits, or reduced earning capacity.
- Non-economic losses, including pain and suffering awards.
- Wrongful death claims for surviving family members, which may include both economic and non-economic compensation.
The VCF is not a lawsuit. Instead, it is an administrative federal program with defined rules and eligibility requirements.
How to File a VCF Claim for 9/11-Related Breast Cancer
Filing a VCF claim involves several steps, and having proper documentation is essential to avoid denials or delays. The process typically includes:
- Registering with the VCF – Individuals must register by the applicable deadline, which depends on when they were diagnosed or when their illness was certified by the WTCHP.
- Obtaining WTCHP Certification – This acts as proof that the breast cancer in question is officially linked to 9/11 exposure.
- Gathering Documentation – This includes medical records, employment history, and proof of presence in the exposure zone between September 11, 2001 and May 30, 2002.
- Submitting the Claim – Complete this through the VCF’s online system or with the assistance of an attorney.
Because the process can be complex, many individuals and families work with experienced 9/11 attorneys to ensure claims are filed correctly and on time.
Claims can be appealed if denied, and may be amended if circumstances change. For example, a claimant who initially filed for breast cancer may later add other certified 9/11-related conditions, or families may file amendments in the event of a loved one’s passing.
Compensation Benefits for Eligible 9/11 Breast Cancer Victims
Compensation varies depending on the individual’s circumstances. For example:
- A breast cancer claimant who can no longer work may receive an award covering lost wages and benefits, both past and future, including retirement benefits and other employer-sponsored benefits.
- Individuals may receive reimbursement for out-of-pocket medical costs not covered by insurance.
- Claimants may receive compensation for non-economic loss, also known as pain and suffering.
- Families who lost a loved one to breast cancer linked to 9/11 may qualify for wrongful death compensation, including both economic and non-economic loss awards.
The VCF is structured to provide meaningful financial relief while also acknowledging the impact 9/11-related illnesses such as breast cancer has on claimants and their families.
Consult a VCF Lawyer for Your 9/11 Breast Cancer Claim
While it is possible to file a claim independently, working with a knowledgeable 9/11 VCF attorney often makes the process smoother. Attorneys can:
- Ensure all necessary documents are gathered and submitted correctly;
- Help you register with the WTCHP and obtain certification of your 9/11-related condition;
- Calculate the full scope of both economic and non-economic losses;
- Represent families in wrongful death claims; and
- Amend a claim or appeal a denied claim.
The dedicated attorneys at Hansen & Rosasco, LLP have decades of combined experience representing 9/11 claims, including breast cancer claimants. We work closely with clients to maximize compensation and provide guidance through each step of the process.
If you or a loved one has been diagnosed with breast cancer after 9/11 exposure, contact an experienced 9/11 attorney today for a free consultation. The team at Hansen & Rosasco, LLP is here to help guide you through the process and ensure your rights are fully protected.
