| Compensation
battles inflict new wounds on 9/11 families
By Martin Kasindorf, USA TODAY
The million-dollar federal payments that Congress
designed to help the nearly 3,000 families of people
killed in the Sept. 11, 2001, terrorist attacks
have sparked feuds within hundreds of the families.
Ellen Cirri's husband, police Lt. Robert Cirri,
died at the World Trade Center.
Todd Plitt, USA TODAY
Take, for example, the family of Robert Cirri,
a Port Authority of New York and New Jersey police
lieutenant. Before 9/11, Cirri, 39, lived in Nutley,
N.J., with his wife, Eileen Cirri, and her three
children from a previous marriage. His own three
teenagers from two previous relationships lived
with their mothers. Relations were harmonious. "We
never had children of our own together, but we all
got along," says Eileen Cirri, 43. "We
were The Brady Bunch."
Robert Cirri was killed at the World Trade Center
when al-Qaeda terrorists crashed two jets into the
twin towers. Now, his widow says, relationships
in the family are more "like a soap opera,
like Days of Our Lives."
The two sets of kids no longer speak to each other.
Robert's children, ages 19, 16 and 15, have lawyers
who are asking an Essex County, N.J., judge to remove
their stepmother as the administrator of his estate.
The quarrel began when Eileen Cirri decided to
pursue a civil lawsuit for damages against airlines
and others she blames for Robert's death. Instead,
his children wanted the family to accept and split
$1.5 million from the Justice Department fund that
compensates 9/11 victims' survivors. People who
accept money from the fund must waive their right
to sue U.S. entities for negligence. On Friday,
the judge ordered the widow to choose the government
money.
The Cirri family, which has spent $100,000 on legal
fees, is peaceful compared with other houses divided
over 9/11 compensation. Dozens of family squabbles
mostly over who should share in the federal
money are complicating the emotionally trying
job of the fund's administrator, Kenneth Feinberg.
Related disputes, including paternity contests,
are roiling probate courts that supervise the estates
of the dead in several states.
The flare-ups are exposing an ugly underside of
a federal program that has helped thousands. In
some cases, they also reflect how family relationships
have departed from traditional patterns.
At least 22 same-sex partners, often opposed by
their deceased loved ones' relatives, are seeking
compensation. They're having mixed success. Other
battles pit one generation against another: a victim's
parents against a domestic partner, fiance or spouse.
In some of the most unusual cases, several all-but-forgotten
women who want compensation for the deaths of immigrant
men have traveled to the USA from their native countries
Trinidad, Bolivia, Colombia and Brazil. Saying
they are the victims' widows, they are blindsiding
new wives and kids with inheritance lawsuits.
'When money is involved'
"Personal situations today are so complex,"
says Alice Rice, chief clerk of Queens County Surrogate's
Court in New York City. "Old marriages or relationships
that might never have surfaced suddenly are revealed
after a disaster. When money is involved, there's
even more incentive to come forward."
Among the recent disputes:
World Trade Center worker Vishnoo Ramsaroop,
44, came to the USA from Trinidad in 1994 with three
daughters whose mother he had never married. He
married another woman, Shrimatti Shivamber, here
in 1999. When he was killed, the couple were living
in Queens with their own three young daughters.
After the attacks, a third woman, Vadewatie Ramsaroop,
arrived in New York and proved that she had married
Vishnoo Ramsaroop in Trinidad in 1989. They had
never divorced, which meant Shivamber's U.S. marriage
to him was illegal.
After court battles, the wives agreed that each
will plead her own case for money to Feinberg and
won't challenge the other. Feinberg could give money
to one or both, or he could kick the question back
to the Queens court. "That Ramsaroop case
they should make a Lifetime cable movie about it,"
Rice says.
Maria Vargas, 54, a widow who turned up in
Queens from Bolivia, questioned in court whether
Rosa Caceido's two U.S.-born children were fathered
by David Vargas, 46, a slain WTC worker with whom
Caceido had lived for nearly 20 years but had not
married. Vargas' body was not found; the women battled
over DNA from his razor, which could resolve paternity
in tests. Maria Vargas opposed the testing.
The Caceido side sent investigators to Bolivia
to seek evidence of a divorce; they were unsuccessful.
Maria Vargas dropped her paternity challenge, agreed
to be co-administrator with Caceido and will split
federal benefits with the children. "My girl
will end up with ... $300,000 to $400,000,"
says Arelia Taveras, Maria Vargas' attorney.
"It's been crazy," says Tatiana
Gomez, 29, a Staten Island, N.Y., paralegal. She
was married to Wilder Gomez, 37, a Colombian-born
waiter at the Trade Center's Windows on the World
restaurant who came to the USA in 1992. Their daughter,
Stephanie, is 9. On Sept. 12, 2001, Tatiana's mother-in-law
got word from Colombia that Elisa Escalante, 40,
was claiming to have married Wilder Gomez and was
planning a trip to New York. Tatiana Gomez alleges
in court that the marriage claim is bogus. Meanwhile,
New York state crime-victim compensation of $60,000
and workers' compensation of $21,000 a year haven't
gone to anyone. The women have filed separate claims
with Feinberg and are in a legal battle over who
should represent Wilder's estate.
Three weeks before New York Police Department
sharpshooter Santos Valentin died in the attacks,
he and his wife, Selena, signed a separation agreement.
She waived the rights to his death benefits, but
she has filed a claim with Feinberg. In Queens and
Manhattan courts, she's battling Valentin's sister,
New York police investigator Denise Valentin, over
rights to police pensions and the federal cash.
In Ocean County, N.J., Harvey Gardner II,
of Hernando, Fla., is suing his ex-wife, Judy Torea,
and their two sons, Anthony and Mark Gardner. He
wants half of the $1 million federal payment that
those three got for the death of a third son, Harvey
Gardner III, 35, at the Trade Center. In October
2001, the father, who had left his family in 1980,
signed a document renouncing his claim "to
any moneys in connection with my son." The
waiver was "fraudulently procured" because
the father wasn't aware of the federal payments,
says his attorney, Frank Cozzarelli.
The defendants will fight. "My brother wouldn't
want him to have a dime," says Anthony Gardner,
27.
Only about 25% left a will
The filing deadline was Dec. 21. Feinberg's office
has received compensation claims from 2,908 of the
2,976 families that lost someone when hijacked jets
crashed at the Trade Center, at the Pentagon and
near Shanksville, Pa. Feinberg says he expects the
fund to pay out $2 billion to $3 billion. The payments
have averaged $1.8 million each.
At the root of most of the family disputes: Only
about 25% of those who died left a will, which generally
controls distribution of an estate's funds. Without
a will, only Vermont, Hawaii and California gave
inheritance rights to same-sex partners at the time
of the attacks. Heterosexual domestic partners could
inherit the property of a will-less decedent in
Hawaii and Massachusetts, and in California with
some limits.
Feinberg has broad discretion under the law Congress
passed that bailed out hard-hit airlines and created
the compensation fund. But his decisions "do
not do an end run around state law," he says.
"This is very important with fiances and same-sex
partners. If the parents want to work out a deal
with them, fine."
Feinberg encourages agreements by traditional heirs
that go beyond state law and allow a victim's unmarried
partner to get money. He says "hundreds"
of partners have been paid this way.
Motives aren't entirely altruistic: Under Feinberg's
formulas, a family acknowledging that an unmarried
victim had a household partner "can get another
$500,000," says John Jeannopoulos of Trial
Lawyers Care, a network of attorneys who represent
victims' families. When a family can't agree on
who should share in the money, Feinberg deposits
a sum in probate courts and lets judges sort it
out under state laws. Feinberg says that in all
but "two or three dozen" of his proceedings,
a victim's loved ones have agreed on how they'll
divide a government payout before the court-designated
estate representative has filed a claim. But many
families have declared truces only after months
of legal combat.
Frustrated grandparents often wade into the process.
Squeezed out of inheriting in most states when a
dead child was married with children, many victims'
parents have gotten federal payouts by notifying
the fund of their interest in a case and
then making trouble for their in-law. "If grandparents
file a statement that they lost a son or grandson
but want us to know they think he was going to divorce
the spouse who is the personal representative,"
Feinberg says, "the spouse may work out with
the grandparents a separate distribution."
The disputes have led to changes in some states'
laws. In October, childless 9/11 widows in Pennsylvania
won rights at the expense of their in-laws. A victim's
parents in such cases used to be in line for roughly
50% of their offspring's estate. Now they get nothing.
New York Gov. George Pataki and state legislators
gave domestic partners of 9/11 victims, including
same-sex partners, rights to state workers' compensation
and crime-victim payments. The legislation was designed
to give Feinberg some legal basis to compensate
same-sex partners in the state. New Jersey officials
gave future marriage-style rights to same-sex partners
this month; it will not apply to 9/11 claims.
Jenny Pizer, a gay rights lawyer in Los Angeles
for Lambda Legal Defense and Education Fund, says
that even when same-sex partners have strong legal
protections through state law or a will, they often
bow to pressure to give a 9/11 victim's relatives
part of the estate.
Divorce also can make agreements on compensation
difficult. A 1971 divorce parted Jerry Bingham,
60, now a retiree in Wildwood, Fla., and Alice Hoglan,
54, of Los Gatos, Calif., who quit United Airlines
last year after 33 years as a flight attendant.
Their son, Mark Bingham, 31, an unmarried San Francisco
public relations man, was one of the heroes of United
Flight 93, which crashed in Pennsylvania after a
group of passengers fought with hijackers.
After years of little contact, the parents have
agreed on every aspect of their son's affairs except
compensation for his death.
Hoglan insists on filing a wrongful-death lawsuit
against United. Bingham, meanwhile, tried to file
a limited claim with the federal fund, asking Feinberg
to pay only the award share he's entitled to. The
9/11 disaster, Bingham says, is "one of those
things you try to get behind you so you can go forward."
Feinberg has shelved Bingham's application because
Hoglan won't sign a letter acknowledging that if
the fund were to pay any award, it could jeopardize
her lawsuit. One of Bingham's attorneys, Tony Vecino,
has considered battling Hoglan in court. But even
if Bingham won there, Vecino says, it could lead
to "only more disputes and lawsuits."
Says Bingham: "Looks like we're going to have
to go with the lawsuit against United Airlines."
Hoglan says that "Jerry and I are working
hard to stay friends."
In other families, such goodwill is harder to find.
"It's the tragedy on top of the tragedy of
9/11: the disintegration of families," says
Eileen Cirri. "I grieve for all of us."
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