Compensation For Families Of Anthrax Victims

By Elizabeth Saloom, November 11, 2003

In late 2001, five Americans died from anthrax exposure when it was sent through the mail system. Recently a bill was proposed to compensate their families, including the families of two postal employees in Washington, DC.

Sens. Tom Daschle, D-S.D., and Patrick Leahy, D-Vt., who were both sent anthrax-tainted letters, proposed the legislation in October. The bill, entitled the Anthrax Victims Fund Fairness Act of 2003, would amend the September 11th Victim Compensation Fund of 2001.

The Anthrax Fund Act would apply to all citizens who suffered physical harm or death from the terrorist-related laboratory-confirmed anthrax infection in the U.S., from Sept. 13, 2001, through Nov. 30, 2001. 

Families of anthrax victims would be allowed to apply for compensation from the September 11 Victim Compensation Fund. The 13 people who became ill from anthrax would be eligible as well for compensation. Seven of the 13 were postal workers. They would be compensated on the same basis as the September 11 terrorism victims.

Leahy said anthrax victims and their families need help paying for medical expenses and providing for themselves if they have been unable to return to work. Although some people who became sick recovered, others still have post-traumatic stress disorder, depression and fatigue.

About one-third of families who lost relatives in the Sept. 11 attacks have filed claims with the compensation fund. The average award for death claims is about $1.6 million. Leahy argues that Congress should provide the same relief for anthrax victims, who have received no similar form of compensation.

If the fund is approved, families would have a final determination on the level of compensation they would receive within 120 days.

Anthrax was found at many locations where federal employees could have been exposed: mail processing facilities for the Departments of Justice and State and another facility for White House mail, the CIA's mail building, the mailroom in the Walter Reed Army Institute of Research, and postal offices and facilities in Washington, New York, New Jersey, and Florida.

Anyone who submits a claim under the Anthrax Victims Fund waives the right to file a civil action in any federal or state court for damages from being infected by anthrax or having a relative who was infected. Those who already have received compensation from a settlement or civil action relating to contracting anthrax or losing a relative to anthrax would not be eligible for additional compensation.

The anthrax legislation would extend the filing deadline for all victims applying to the September 11th Victim Compensation Fund by one year.