9/11 World Trade Center Rare Cancers | Borri Law Offices

The Administrator of the World Trade Center Health Program has proposed regulations adding dozens of cancers to the list of diseases eligible for benefits under the Program.? When these regulations become final, victims will be able to apply for financial compensation from the 9/11 Victim Compensation Fund administered by Sheila Birnbam, the Special Master appointed by the Justice Department, as well as medical care by the World Trade Center Health Program.

The proposed rule lists dozens of covered cancers that will be eligible for benefits.? The listing is by the site of the cancer in the body ? usually a body organ ? e.g., lung, bladder and leukemia (blood), for instance.? However, the Administrator has not proposed that all cancers be eligible for benefits or compensation under the Zadroga Act, and many people exposed to the dust and debris caused the 9/11 terrorist attacks and the clean-up will surely be disappointed when they are told that the cancer they face is not listed among the eligible diseases.

The Administrator?s list of covered cancers does include, however, at least one category of unspecified cancers ? namely ?rare cancers.? ?Specifically, the proposed rules define rare cancers as, ?Any type of cancer affecting populations smaller than 200,000 individuals in the United States, i.e., occurring at an incidence rate less than .08 percent of the U.S. population.? Rare cancers will be determined on a case-by-case basis.?

The rare cancer category may turn out to be of great benefit to many victims.? For instance,

Endometrial cancer has an incidence rate of less than 50,000 cases per year

the proposed rules list malignant neoplasms of the ovary, but cancers of the uterus, another female reproductive organ, are not listed.? According to recent estimates published by the American Cancer Society, the incidence of neoplasms of the uterine cervix and uterine corpus for 2012 will be 12,170 and 47,130, respectively; both ?well within the definition of rare cancers as outlined by the proposed rule.

Of course, victims will still need to establish other requisites for eligibility, including a medical opinion that ?exposure to World Trade Center debris and toxins?caused, aggravated or contributed to the incidence of the cancer.? Nonetheless, the rare cancer category offers an avenue to relief for deserving victims.

Gregg J Borri

About the author ? Mr. Borri is a products liability and commercial litigation lawyer located in New York City.? He has more than 30 years of legal litigation experience.

Source: http://www.borrilaw.com/zadroga-act-to-cover-911-world-trade-center-rare-cancers-but-what-are-rare-cancers/

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