A father of two who developed throat cancer after spending 16 hours a day for six months removing toxic debris from buildings next to Ground Zero claims that he received a check for $0 to compensate him for his work-related injuries.
Soon after he finished working on the site, Edgar Galvis, 51, developed sleeping problems as well as chronic rhinosinusitis, which is a combination of rhinitis and sinusitis.
Galvis then filed a claim against Merrill Lynch, the company for which he removed the debris, seeking compensation for his medical treatments after a friend connected him with the law firm Worby, Groner, Edelman & Napoli Bern, which was helping many other 9/11 workers get compensation for their injuries, reports the Daily Mail.
An attorney from the firm paid him an encouraging visit at his home, he told the Mail.
"The man told me that more than likely I will get sick and I would get 60 per cent of whatever he won. He even mentioned the words 'millions of dollars'"
Just four months after receiving a $10,000 offer, Galvis found out he had throat cancer but, according to the firm, it was too late for him to add that malady to his claim.
Despite the setback, Galvis was "relieved" to receive his settlement check in the mail since he was already sinking under $30,000 of debt, reports News.com.
However, relief quickly turned to shock when he realized the check was for a grand total of $0.00.
Where did it all of the money go? The New York Post did the math:
"His award had been $10,005, but his lawyers at the firm Worby, Groner, Edelman & Napoli Bern lopped off $2,579 for unitemized legal expenses.Then they took a 33.3 percent fee of $2,124.
They also subtracted $352, a fee to the lawyer who referred him.
The remaining $4,950 was withheld for unspecified "liens," the letter says."
"I have hit rock bottom," Mr Galvis told the Daily Mail. "I was expecting a check, and you can imagine how I felt when I opened it. I couldn't believe it, I thought it was a joke."
In an email to the Post, attorney Paul Napoli said that Galvis had already gotten "tens of thousands of dollars" in other claims, but Galvis maintains that he has not received a "single dollar" from the firm.
$2.8 Billion Ground Zero Fund Open To Ill Workers
1. Lawyers told him it was too late to add cancer claim: there could be a number of legimate reasons for this, but the most likely is that he developed it AFTER he had agreed to settle his claims.
2. Lawyers took out 33.3% as fee: it is certain that entered into a written contingent fee agreement agreeing to this. They are standard in personal injury cases where the client doesn't want to or can't pay for the lawyers services on an hourly basis.
3. The lawyer took out over $2,000 in unspecified expenses. Again, it is likely he agreed to pay expenses in the contingent fee agreement. In a personal injury case like this, $2,000 would be routine because depositions costs can easily hit that. If he was deposed, he'd know the costs.
4. Lawyers withheld about $5,000 for liens. Health care insurers routinely put a lien on the proceeds of any legal settlement for medical costs they incur. When they do, the lawyer is legally and ethically required to withhold enough to cover the lien.
There is more to this story than aol would have you believe. (BTW, I don't know any of the lawyers involved in this case.)
But people are just as bad as lawyers. If someone bad happens their reaction is to sue. If people didn't use lawyers they wouldn't exist. It's a door that swings both ways.
I bet this firm is just grateful for their bad advertising. I'm sure NO one will use this firm or lawyer. I sure as hell wont.
Way to kick a dying man when he's down.
Plus lawyers advertise for people to sue, you see these ads on tv in magazines....it's ridiculous!
On the otherhand, if it is a doctor, well why not put it on a website? Right. How fair is that?