RESPONDING TO A RESPONDING TO A CATASTROPHYCATASTROPHY

LEGAL ISSUES ENCOUNTERED LEGAL ISSUES ENCOUNTERED AFTER 9/11 AND THE ANTHRAX AFTER 9/11 AND THE ANTHRAX

SCARES SCARES

IntroductionIntroduction

A Description of Some Legal Issues A Description of Some Legal Issues Encountered After 9/11 and the Anthrax Encountered After 9/11 and the Anthrax ScaresScares Wilfredo Lopez—General Counsel for Health, Wilfredo Lopez—General Counsel for Health,

New York City Department of Health and Mental New York City Department of Health and Mental HygieneHygiene

Gabriel Taussig—Chief, Administrative Law Gabriel Taussig—Chief, Administrative Law Division, New York City Law DepartmentDivision, New York City Law Department

Richard McNelis—Associate General Counsel, Richard McNelis—Associate General Counsel, Bio-T Attorney, Florida Department of HealthBio-T Attorney, Florida Department of Health

Pending Litigation—WTC UnitPending Litigation—WTC Unit Air QualityAir Quality Worker/Volunteer ProtectionWorker/Volunteer Protection

9/119/11

A Displaced Law OfficeA Displaced Law Office Death CertificatesDeath Certificates Health and Building Safety Issues in the Health and Building Safety Issues in the

Area Surrounding Ground ZeroArea Surrounding Ground Zero Returning PropertyReturning Property

A Displaced Law Office – A Displaced Law Office – New York City Law Department New York City Law Department

One Block North of Ground ZeroOne Block North of Ground Zero 650 Lawyers Displaced650 Lawyers Displaced Communications Communications – IT, Mail, Telephone– IT, Mail, Telephone OOffices ffices – – 40 Locations40 Locations Access Access – – Files, Clients, CourtsFiles, Clients, Courts Declarations of EmergenciesDeclarations of Emergencies CounselingCounseling LitigatingLitigating

Death CertificatesDeath Certificates

Need Need – – Insurance, Inheritance, Other BenefitsInsurance, Inheritance, Other Benefits Lack of Biological Evidence of DeathLack of Biological Evidence of Death Role of Medical Examiner Role of Medical Examiner – Generally to – Generally to

Ascertain theAscertain the Manner and Cause of Death Manner and Cause of Death Authority to Declare Fact of Death Authority to Declare Fact of Death – Usually – Usually MD, MD,

CourtCourt Court Proceedings in Surrogate’s Court Court Proceedings in Surrogate’s Court – –

Mayoral DeterminationMayoral Determination Need For Case and Controversy Need For Case and Controversy –– ME vs. DOH ME vs. DOH

Death Certificates (cont.)Death Certificates (cont.)

Volunteer and Law Department LawyersVolunteer and Law Department Lawyers Assist Families and Friends to Gather Assist Families and Friends to Gather

InformationInformation Draft Affidavits to Support Applications for Draft Affidavits to Support Applications for

Court OrdersCourt Orders Law Department Review and Filing of Law Department Review and Filing of

ApplicationsApplications Some Rejections and Referrals for Fraud Some Rejections and Referrals for Fraud

Prosecutions Prosecutions

Death Certificates (cont.)Death Certificates (cont.) Burial Desk Relocated and Operational by 4pm Burial Desk Relocated and Operational by 4pm

on 9/11/01 to Process the Ongoing Need for on 9/11/01 to Process the Ongoing Need for Birth and Death CertificatesBirth and Death Certificates

First WTC Death Certificate Court Order Issued First WTC Death Certificate Court Order Issued on 10/09, and the First Court-ordered Death on 10/09, and the First Court-ordered Death Certificate Issued on 10/10Certificate Issued on 10/10

2749 WTC Deaths, 2746 in NYC, 399 Death 2749 WTC Deaths, 2746 in NYC, 399 Death Certificates Issued Without Court Orders, 2347 Certificates Issued Without Court Orders, 2347 Court Orders and Resulting Death CertificatesCourt Orders and Resulting Death Certificates

1186 of the 2347 Were Amended After 1186 of the 2347 Were Amended After Biological Evidence Was IdentifiedBiological Evidence Was Identified

1161 Remain as Court-ordered Death 1161 Remain as Court-ordered Death Certificates With No Biological EvidenceCertificates With No Biological Evidence

None Have Been Rescinded Due to Fraud None Have Been Rescinded Due to Fraud

The Surrounding Area—Health The Surrounding Area—Health and Safetyand Safety

Structural IntegrityStructural Integrity Falling DebrisFalling Debris Accumulated DebrisAccumulated Debris Access Issues Access Issues – – Buildings, Frozen ZoneBuildings, Frozen Zone Who Does the Work?Who Does the Work? Emergency ProcurementEmergency Procurement

Sidewalk Sheds, Roof Cleanups, Building StructuresSidewalk Sheds, Roof Cleanups, Building Structures Confiscating PerishablesConfiscating Perishables

Returning PropertyReturning Property

VehiclesVehicles InsuranceInsurance CleaningCleaning City VehiclesCity Vehicles

Victims’ and Survivors’ Personal PropertyVictims’ and Survivors’ Personal Property