New York City officials were preparing for possible toxic exposure lawsuits just weeks after the September 11th terror attacks, according to newly released documents in a Freedom Of Information request.
The city identified as many as 35,000 potential claims from people who lived or worked near Ground Zero, ranging from toxic exposure to labor law violations. The October 2001 memo outlining how the city could shield itself from litigation is addressed to the then-deputy mayor.
Among the potential lawsuits listed in the memo are "Health advisories caused individuals either to return to the area too soon (causing toxic exposure or emotional harm) or too late (causing economic hardship)."
Another notes lawsuits from rescue workers who were "...provided with faulty equipment or no equipment (i.e., respirators)."
Attorney Michael Barasch, a 9/11 survivor who represents thousands of survivors and victims, said the memo contradicts statements from public officials at the time who said the air was safe to breathe.
“Shame on the city's legal department for hiding this from our citizens," Barasch said. "Shame on them. The blood of thousands of people, although I don't know how many, thousands of people who got cancer unnecessarily, who died unnecessarily. That's on them.”
Survivors who register for the 9/11 Victim Compensation Fund typically waive their right to sue other entities for other damages. That’s why Barasch said it’s not clear whether new legal actions are possible in light of the memo.
“A lot of people wouldn't have gone to Wall Street, they wouldn't have gone back to their offices, if they had known how toxic this dust was.”