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Ground Zero Client Advisory Regarding The Effect of Ancillary Settlements On Zadroga Rights


New York, New York, January 3, 2011, for immediate release: Responding to inaccurate media reports issued upon the President’s signing of the James Zadroga 9/11 Health and Compensation Act (“Zadroga”) on Sunday January 2, 2011, attorneys for plaintiffs in the In Re: World Trade Center Disaster Site Litigations have issued a responsive advisory statement. The statement explains that clients will not be foreclosed from filing claims under Zadroga. The incorrect media reports, including at least two separate articles in the New York Post, erroneously indicated that individual signed release documents for each plaintiff had to have been delivered to the settling defendants prior to the President signing Zadroga into law. As plaintiffs’ attorneys Worby Groner Edelman & Napoli Bern, LLP emphatically said today, the subject media reports are inaccurate in a number of ways. In fact, settling plaintiffs’ interests in Zadroga benefits have been timely and effectively protected by their counsel.

As Senior Partner Paul Napoli explained, in addition to the Settlement Process Agreement (“SPA”) entered with the City of New York and its Contractors through negotiations with the WTC Captive Insurance Co., Inc., the Worby firm has subsequently negotiated and entered into agreements with six (6) other defendants (the “Ancillary Defendants”). Those are the Port Authority of New York and New Jersey; Phillips & Jordan, Inc.; Evans Environmental and Geological Science and Management, LLC d/b/a Evans Environmental and Geosciences s/h/a Evans Environmental (“Evans Defendants”); Survivair; and Taylor Recycling and Tishman Construction Corporation Of New York, Tishman Construction Corporation Of Manhattan and Tishman Interiors Corporation (the “Tishman Defendants”).

Napoli explained: “We have been negotiating with these defendants for many months and some of the agreements have not become complete until very recently. Throughout this time, we have been also been involved in the complicated process of estimating clients’ recoveries for all of the settlements with the Ancillary Defendants and preparing correspondence to our clients (which had to be approved by the Court-Appointed Legal Ethicist) so that our firm could transmit information about those settlements and send the requisite settlement releases for client execution. Settling large, multi-party lawsuits is a complex process requiring many steps -- negotiating and entering into the settlement agreements, getting Court approval, calculating client recoveries under each separate settlement, compiling the package of materials, responding to questions about the documents, and getting the documents signed and notarized. We have performed a series of actions to ensure that all clients who opt in to a settlement remain fully eligible to pursue Zadroga benefits.” A point-by-point explanation of the steps taken by the firm appears on the firm’s website:


 Ground Zero
 Worby Groner
 Paul Napoli
 WTC settlement

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