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RESPONDING TO A CATASTROPHY

RESPONDING TO A CATASTROPHY. LEGAL ISSUES ENCOUNTERED AFTER 9/11 AND THE ANTHRAX SCARES. Introduction. A Description of Some Legal Issues Encountered After 9/11 and the Anthrax Scares Wilfredo Lopez—General Counsel for Health, New York City Department of Health and Mental Hygiene

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RESPONDING TO A CATASTROPHY

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  1. RESPONDING TO A CATASTROPHY LEGAL ISSUES ENCOUNTERED AFTER 9/11 AND THE ANTHRAX SCARES

  2. Introduction • A Description of Some Legal Issues Encountered After 9/11 and the Anthrax Scares • Wilfredo Lopez—General Counsel for Health, New York City Department of Health and Mental Hygiene • Gabriel Taussig—Chief, Administrative Law Division, New York City Law Department • Richard McNelis—Associate General Counsel, Bio-T Attorney, Florida Department of Health • Pending Litigation—WTC Unit • Air Quality • Worker/Volunteer Protection

  3. 9/11 • A Displaced Law Office • Death Certificates • Health and Building Safety Issues in the Area Surrounding Ground Zero • Returning Property

  4. A Displaced Law Office – New York City Law Department • One Block North of Ground Zero • 650 Lawyers Displaced • Communications – IT, Mail, Telephone • Offices – 40 Locations • Access – Files, Clients, Courts • Declarations of Emergencies • Counseling • Litigating

  5. Death Certificates • Need – Insurance, Inheritance, Other Benefits • Lack of Biological Evidence of Death • Role of Medical Examiner – Generally to Ascertain the Manner and Cause of Death • Authority to Declare Fact of Death – Usually MD, Court • Court Proceedings in Surrogate’s Court – Mayoral Determination • Need For Case and Controversy – ME vs. DOH

  6. Death Certificates (cont.) • Volunteer and Law Department Lawyers • Assist Families and Friends to Gather Information • Draft Affidavits to Support Applications for Court Orders • Law Department Review and Filing of Applications • Some Rejections and Referrals for Fraud Prosecutions

  7. Death Certificates (cont.) • Burial Desk Relocated and Operational by 4pm on 9/11/01 to Process the Ongoing Need for Birth and Death Certificates • First WTC Death Certificate Court Order Issued on 10/09, and the First Court-ordered Death Certificate Issued on 10/10 • 2749 WTC Deaths, 2746 in NYC, 399 Death Certificates Issued Without Court Orders, 2347 Court Orders and Resulting Death Certificates • 1186 of the 2347 Were Amended After Biological Evidence Was Identified • 1161 Remain as Court-ordered Death Certificates With No Biological Evidence • None Have Been Rescinded Due to Fraud

  8. The Surrounding Area—Health and Safety • Structural Integrity • Falling Debris • Accumulated Debris • Access Issues – Buildings, Frozen Zone • Who Does the Work? • Emergency Procurement • Sidewalk Sheds, Roof Cleanups, Building Structures • Confiscating Perishables

  9. Returning Property • Vehicles • Insurance • Cleaning • City Vehicles • Victims’ and Survivors’ Personal Property

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