Verdicts and Settlements

With the passage of the James Zadroga Act in January 2011, the Victim Compensation Fund reopened and began accepting claims for compensation in November 2011. The first awards were issued in January 2013, and, to date, Sullivan Papain has recovered over $575 Million for its clients, including the largest single award of $4.133 Million.

For 362 injured Firefighters and Fire Officers and families of deceased Firefighters and Fire Officers in claims filed with the first 9/11 Victim Compensation Fund. Sullivan Papain obtained more than $260 Million for these heroes and their families for absolutely no fee. Not taking any fees, was our way of giving back to the community of New York’s Bravest, who had lost so much on that day.

For three Firefighters who were injured, and the families of two Firefighters who died, as a result of an apartment building fire in the Bronx. We brought suit against the building owner for building code violations, including the illegal partitioning of the fire apartment, and the City of New York for failing to provide its firefighters with personal safety ropes. After a six month trial, Sullivan Papain won a $183 Million Verdict against both the City and the Landlord. It is the largest verdict ever obtained against the City of New York in a personal injury action.*

*The case thereafter settled for $73 Million, with the Landlord paying $43 Million and the City of New York $30 Million.

Following the closing of the first 9/11 Victim Compensation Fund in 2003, Firefighters and Fire Officers, who had been become sickened as a result of their exposures to toxins at the World Trade Center rescue and recovery site, continued to seek our help. In 2004, Sullivan Papain filed the first lawsuits against the City of New York and its contractors for their failure to provide proper respiratory equipment to Rescue and Recovery Workers at the WTC Disaster Site. After a long and hard fought litigation, we succeeded in securing a settlement of more than $100 Million for our 675 First Responder clients.

Reached at trial for the widows of six Firefighters killed, and several Firefighters injured, at a supermarket fire when the roof on which they were fighting the fire suddenly and unexpectedly collapsed. We claimed that the building did not contain the proper fire-stopping walls in violation of the building code, causing the fire to spread much more rapidly and, in turn, for the roof to collapse prematurely.

For the family of a 41-year-old Fire Captain, while working at scene of a fire, fell through an improperly supported floor resulting in burns over 75% of body and ultimately in his death.

Settlement reached at trial for the family of a 30-year old Firefighter, who was killed in a building fire due to the lack of a sprinkler system and other unsafe conditions.

Reached at trial for the family of a 27-year-old Firefighter, who succumbed to smoke in a building when the fire spread due to the improper removal of self-closing door mechanisms and because the standpipe had been turned off.

For a Firefighter who was struck by a car when he jumped off his fire truck to assist in guiding the truck into the firehouse. He sustained serious and disabling fractures of his ankle, requiring surgery. The jury found the driver of the car to be 100% at fault.

For a Firefighter who suffered a serious shoulder injury while fighting a fire. We successfully demonstrated to the jury that the vacant building was not properly secured, which allowed vandals to remove the doors, piping and structural components and which created an increased risk of harm to our firefighter.

For the family of a FDNY Lieutenant, who was killed when the floor he was on collapsed as he was investigating the progress of a fire in a vacant dwelling.

For the family of a Fire Lieutenant, who died when he was improperly intubated by ambulance personnel after he collapsed at the scene of a fire.

For a 41-year-old Firefighter, who suffered several serious fractures to his left leg and foot which required multiple surgeries, as a result of a fire truck backing up and running over his leg.

For a 41-year-old Firefighter who was standing behind his double-parked fire truck when a taxi cab crashed into it, causing him to sustained permanently disabling fractures of his right leg requiring multiple surgeries.

For a 43-year-old Firefighter, while responding to a fire at a construction site, fell on debris herniating 2 lumbar discs which required a surgical fusion.

Reached at trial for the family of a Fire Lieutenant, who became lost and disoriented, during a fire, in a smoke-filled 2nd-floor storage room causing him to fall out a vented large floor-to-ceiling window to his death. We proved that the landlord had illegally converted the room into a storage room, which did not have the legally required second means of egress or proper fire stopping material.

For a 42-year old Fire Lieutenant, who sustained crush injuries to his foot requiring multiple surgeries, as a result of a fire truck running over his foot.

We successfully challenged a recent FDNY attempt to circumvent the “merit & fitness” provisions of the State Constitution for civil service hiring by invalidating a scheme to give hiring preferences to EMS workers seeking to become firefighters. The plan to call such hiring “promotions” was struck down by the Court.