By Jill Colvin
DNAinfo Reporter/Producer
CITY HALL — Mayor Michael Bloomberg gave an emotional plea Tuesday urging more than 10,000 Sept. 11 first responders to sign a settlement with the city worth more than half a billion dollars before the deal expires.
"We have no desire to be fighting in court with those who acted unselfishly and heroically in response to the attack on 9/11 and its aftermath," the mayor said, surrounded by first responders and relatives of those who suffered illnesses as a result of participating in recovery efforts.
The agreement, worth between $625 and $712 million, would provide anywhere from several thousand dollars to nearly $2 million each to the 10,800 workers who claimed injuries related to rescue and recovery efforts at Ground Zero, Bloomberg said.
The offer will expire on Nov. 8 unless 95 percent of the plaintiffs opt in.
A previous settlement of $575 million to $657.5 million was rejected by U.S. District Judge Alvin Hellerstein, who said the workers deserved more.
Bloomberg, who appeared to tear up in a rare show of emotion as victims told their stories, said the settlement offers the only alternative to years of bitter litigation, which carries uncertain results and more legal fees that could eat into compensations.
"We think that an end to this litigation is essential," the mayor said. "It would almost certainly result in bitterness, as such drawn-out lawsuits almost invariably do."
Kenneth Feinberg, who oversaw the 9/11 Victim Compensation Fund, urged those who are holding out to join before it's too late.
"Do not wait!" he said. "The alternatives are unacceptable."
Jean Marie DiBiase, whose husband died of lung disease as a result of 9/11, said the settlement will help her family move on nearly a decade after the attacks.
"My children and I learned the hard way that life is short," she said. "Hop on board this, because we need to put closure to it and just go on and try to live our lives."
Retired NYPD Detective Joseph Greco, who suffers from severe asthma, said the money is enough to finally help him sleep soundly.
"I want my family to be taken care of when I'm gone," he said. To those holding out, he said, "People's lives depend on this."
Currently, slightly more than 50 percent of the plaintiffs have agreed to settle, officials said. Chief Counsel Paul Napoli told Judge Hellerstein Tuesday that more than 75 percent of his clients had officially opted in, while another 15 to 20 percent have committed to the deal.
Hellerstein said he expects that many will wait until the last minute, but is "heartened" by the progress.
The mayor's plea came as some plaintiffs complained that they are being pressured into signing on by lawyers who stand to earn 25 percent of the settlement in fees.
The Daily News reported that some plaintiffs received misleading e-mails from Napoli's firm falsely telling them that if they do not accept the settlement, they will be shut out of potentially more lucrative benefits of the James Zadroga 9/11 Health and Compensation Act, which was passed by the House last week.
Partner Marc Bern denied the charges, saying, "What we're telling them is what is written in the bill."
Under the current version of the bill, those who settle will not be penalized and will be entitled to the same level of compensation as those who do not settle, Bloomberg said.
Some also criticized the settlement Tuesday for shutting out those who participated in the original 9/11 Victim Compensation Fund.
Retired firefighter Vincent Forras, who "ran in when everybody was running out," said he would be entitled to $250,000 had he not accepted $65,000 through the VCF.
"I really think they're turning their backs on us," said Forras, who suffers from asthma, as well as heart problems and frequent bronchial infections. "It's time to do the right thing."
Attorney Larry Klayman, who also represents the first responders suing the developers of the Park51 Islamic cultural center near Ground Zero, said that the deal is "unjust."
"This is more of a lawyers' compensation fund than a victims' compensation fund," he said.
