Dana Cohen, Esq.
The CDC Adds Uternine & Endometrial Cancers to the List of 9/11 Cancers; Now Begins the Work of Reaching Victims and Their Families
By Dana Cohen, Esq.
For years, advocates for the 9/11 community have had to tell women battling uterine cancer that there was no help for them.
These women were exposed to the same carcinogenic toxins as everyone else who lived, worked, and studied in Lower Manhattan, and if they had developed any other cancer, they would have been eligible for healthcare and compensation.
We had no satisfactory explanation for why they were singled out for disparate treatment, and the memory of these conversations, many from long ago, continues to haunt me as I lay in bed at night.
Finally, more than two decades after the 9/11 attacks, those difficult conversations have become a thing of the past.
The CDC has, at last, added uterine cancer to the list of 9/11-related illnesses, correcting a patent injustice. Women with uterine cancer are now eligible for the World Trade Center Health Program (WTCHP) and the 9/11 Victim Compensation Fund (VCF), which means they will receive the healthcare and compensation that they have always deserved.
Families who have lost loved ones to uterine cancer will also be eligible for compensation for their losses.
The benefits afforded by the WTCHP and the VCF are a much-needed lifeline for sick people, and for the families they leave behind. Since the CDC’s announcement, my colleagues have been reconnecting with countless individuals who reached out over the years because many of the people who were denied benefits for their uterine cancer years ago will likely not know that they are now covered. Some are far sicker now, and some will have passed away.
Now is the time to pour our collective efforts into reaching victims to help to spread the news of this change. Here is what you need to know:
– People who were in the NYC exposure zone for some period between 9/11/2001 and 5/30/2002 may be eligible for benefits including free lifetime health care and compensation for pain and suffering and economic losses. Families who lost a loved one to uterine cancer are eligible for compensation as well.
– The program is not just for first responders. It also covers people who lived, worked, or went to school in the exposure zone.
– Covered conditions include respiratory ailments and virtually every cancer. As of last week, uterine cancer (which includes endometrial cancer) is covered. Help is available now.
– In order to qualify, an individual must prove they were in the exposure zone for the requisite period. The sooner the necessary documentation is collected, the better.
– The process is non-adversarial. This is a program of the United States Justice Department, not a lawsuit.
– Although people do not need a lawyer to apply, there are experienced advocates who can assist with the process and their fees for services are capped by the federal government and may not exceed 10% of any award received.
Like many, I was there on the day of the attacks. My office is just two blocks from the World Trade Center and we all returned to work after the federal EPA told us that “the air is safe to breathe.”
We now know that was inaccurate, and it turns out that listening to the EPA’s guidance resulted in half of the people at our firm coming down with cancer related to their toxic exposure. Two colleagues who were only in their 40s lost their lives to cancer.
I consider myself fortunate to only have 9/11-related respiratory issues. I don’t have uterine cancer but knowing that I and thousands of other women will be protected moving forward is critical.
Now, after 21 long years of waiting, we must do everything possible to reach these women. There is no making up for lost time when it comes to cancer, and there is no time to waste.
Dana Cohen is a partner at the law firm of Barasch & McGarry, lawyers for the 9/11 Community. She can be reached at dana@baraschmcgarry.com
