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...After Feinberg speaks, he stands back and braces himself for an artillery of angry rhetorical questions. Gerry Sweeney, whose brother died in Tower 2, Floor 105, points at Feinberg and explains why $250,000 is not enough for pain and suffering in the case of her now fatherless nephew. "Have you ever seen a 12-year-old have a nervous breakdown?" she asks. Another woman concocts an analogy to illustrate for Feinberg what it was like to talk to loved ones as they came to accept their imminent, violent deaths and to watch the towers collapse on live...

Author: /time Magazine | Title: WTC Victims: What's A Life Worth? | 2/6/2002 | See Source »

...once the interim rules were drawn up by Feinberg's office - in conjunction with the Department of Justice and the Office of Management and Budget - there were some surprises. In particular, the figures for pain and suffering astonished some who had backed the fund. "The numbers are low by any measure," says Boyle. Feinberg says he chose the $250,000 figure because that's how much beneficiaries receive from the Federal Government when fire fighters and police die on the job. The additional $50,000 for the spouse and each child is, he admits, "just some rough approximation of what...

Author: /time Magazine | Title: WTC Victims: What's A Life Worth? | 2/6/2002 | See Source »

...American Tort Reform Association, backed mostly by Republicans, has been lobbying since 1986 to limit noneconomic damages in some suits to $250,000. John Ashcroft, head of the Justice Department, pushed for such a cap on punitive damages when he was a Senator. But Feinberg, a Democrat, insists he was not pressured by the Administration to keep the numbers...

Author: /time Magazine | Title: WTC Victims: What's A Life Worth? | 2/6/2002 | See Source »

...matter how many times tearful widows accuse him of protecting the airlines, Feinberg does not blush. A lawyer with decades of experience in the messy art of compromise (Feinberg was special master for the $180 million distributed to veterans exposed to Agent Orange), he is accustomed to rage. "On Tuesday I get whacked for this or that in New Jersey. The next day it's New York. It goes with the job." But he rejects the theory that greed is a factor. "People have had a loved one wrenched from them suddenly, without warning, and we are only five months...

Author: /time Magazine | Title: WTC Victims: What's A Life Worth? | 2/6/2002 | See Source »

...attempting to replace "souls," says Philip Bobbitt, a law professor at the University of Texas who has written about the allocation of scarce resources in times of tragedy. "We're not trying to make you psychologically whole. Where we can calculate the loss is in economic loss." The Feinberg plan differs from legal norms in deducting the value of life insurance and pensions. Also, it allows no flexibility in determining noneconomic damages. In court, pain and suffering would be weighed individually...

Author: /time Magazine | Title: WTC Victims: What's A Life Worth? | 2/6/2002 | See Source »

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