By Beth Jablon, Counsel to the firm at Sullivan Papain Block McManus Coffinas & Cannavo, P.C.
As the anniversary of the September 11th terrorist attacks approaches, stories of sacrifice and resilience remain deeply ingrained in our collective memory. However, a growing number of Millennials and Generation Z individuals, who were children or infants in 2001, now face a subtler crisis. Health conditions linked to toxic exposure at the World Trade Center site are emerging decades later. With extensive experience representing claimants in the Victim Compensation Fund (VCF), I have seen how these overlooked survivors confront cancers, respiratory ailments, and other disorders tied directly to that exposure.
One compelling case involved a client who was 10 years old during a family vacation from California to New York. On September 11th, his family was near Battery Park, caught in the dust cloud as the towers collapsed. His parents captured photographs and videos of the chaos. Yet, it was not until his mid-20s, when diagnosed with cancer, that the connection became clear. He enrolled in the World Trade Center Health Program (WTCHP) and gathered substantial evidence, including travel documents and news articles featuring his family. Despite this, his initial VCF claim was rejected because his recollections as a minor were deemed insufficient. Through an appeal with parental affidavits, we succeeded, but this case underscores a key challenge. For those exposed as children, proving “presence at site” requires meticulous documentation, often relying on parental testimony or archival records that may fade or disappear over time.
Such experiences are not uncommon. Research shows that individuals exposed to the toxic mix of asbestos, pulverized materials, and other toxins face heightened risks of malignancies and chronic illnesses, with latency periods spanning 20 to 40 years. Millennials (born 1981–1996) and Generation Z (born 1997–2012) who lived, attended school, or were present in Lower Manhattan during the recovery period now report conditions like lung cancer, leukemia, or interstitial lung disease in adulthood. Data indicates that 15.2% of those exposed experience probable PTSD, 14.9% face depression, and many suffer from persistent respiratory issues that began subtly in childhood but worsen with age. In my practice, I have managed cases of clients who, as young children near the site, now battle multiple distinct primary cancers, a rare phenomenon directly linked to the toxic environment at Ground Zero.
The VCF presumes that verified exposure south of Canal Street between September 11, 2001, and May 30, 2002, connects qualifying conditions to the attacks. However, younger claimants face stringent evidentiary standards. Educational transcripts from schools like Stuyvesant High School or Murray Bergtraum can help, but if the individual was under 18, their statement alone is often inadequate. The VCF requires adult attestations from guardians or educators. As decades pass, memories blur, medical records (retained only seven years by providers) may vanish, and witnesses may become unavailable. I have seen claims falter due to missing items like preschool certifications or family photographs, turning a potentially straightforward process into an emotionally taxing ordeal.
Proactive steps offer a clear path forward. For those exposed as children, immediately assembling documentation, such as academic records, photos, or sworn statements from adults present at the time, is critical. Enrolling in the WTCHP provides free screenings, even without symptoms, which can detect issues early and strengthen future VCF claims. The fund, extended through 2090, has disbursed over $14.9 billion to more than 65,600 recipients, though awards are capped at $250,000 for a single cancer or $340,000 with non-cancer conditions.
Millennials and Generation Z, this is your moment to secure the redress owed from an event that shaped your lives without your consent. Act now to protect your rights, and consult experienced professionals to navigate these complexities. The legacy of 9/11 endures, but so does the opportunity for just resolution.