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Just days after September 11, 2001, Kenneth Feinberg was appointed
to administer the federal 9/11 Victim Compensation Fund, a unique,
unprecedented fund established by Congress to compensate families
who lost a loved one on 9/11 and survivors who were physically
injured in the attacks. Those who participated in the Fund were
required to waive their right to sue the airlines involved in the
attacks, as well as other potentially responsible entities. When
the program was launched, many families criticized it as a brazen,
tight-fisted attempt to protect the airlines from lawsuits. The
Fund was also attacked as attempting to put insulting dollar values
on the lives of lost loved ones. The families were in pain. And
they were angry. Over the course of the next three years, Feinberg
spent almost all of his time meeting with the families, convincing
them of the generosity and compassion of the program, and
calculating appropriate awards for each and every claim. The Fund
proved to be a dramatic success with over 97% of eligible families
participating. It also provided important lessons for Feinberg, who
became the filter, the arbitrator, and the target of family
suffering. Feinberg learned about the enduring power of family
grief, love, fear, faith, frustration, and courage. Most
importantly, he learned that no check, no matter how large, could
make the families and victims of 9/11 whole again.
Agent Orange, the 9/11 Victim Compensation Fund, the Virginia Tech
massacre, the 2008 financial crisis, and the Deep Horizon gulf oil
spill: each was a disaster in its own right. What they had in
common was their aftermath- each required compensation for lives
lost, bodies maimed, livelihoods wrecked, economies and ecosystems
upended. In each instance, an objective third party had to step up
and dole out allocated funds: in each instance, Presidents,
Attorneys General, and other public officials have asked Kenneth R.
Feinberg to get the job done. In Who Gets What? , Feinberg reveals
the deep thought that must go into each decision, not to mention
the most important question that arises after a tragedy: why
compensate at all? The result is a remarkably accessible discussion
of the practical and philosophical problems of using money as a way
to address wrongs and reflect individual worth.
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