Congress wanted to express the country's sympathy for the bereaved, and also to protect the airlines and others from what probably would have been huge damage claims, so it guaranteed large payments to the families of the victims if they would agree not to sue. The man who administered the 9/11 Compensation Fund and made key decisions about what was fair is Kenneth Feinberg, a lawyer who has a book just out about that experience, called WHAT IS LIFE WORTH?
Following Congress's directive, Feinberg based his awards on what each victim might have earned in a lifetime had he or she lived. That meant big differences in the size of the awards, and that produced a lot of controversy. In his office in New York, we asked Feinberg how much money in all was paid out.
KENNETH FEINBERG (Author, WHAT IS LIFE WORTH?): A little over $7 billion of the taxpayers' money. About 5,300 people were compensated. The average death claim was about $2 million, tax-free. The average physical injury claim was about $400,000, tax-free. The largest award we rendered was about $8.6 million to a burn victim who survived the World Trade Center with third-degree burns over 85 percent of his body. The least amount we gave out was about $500 for a broken finger at the World Trade Center.ABERNETHY: Feinberg held hundreds of meetings with the families of 9/11 victims to try to explain his award formulas, but discussion of numbers often gave way to outrage.
Mr. FEINBERG: I would meet with families and start discussing this very generous program, and occasionally I would get a response like, "Mr. Feinberg you're here talking about money. They haven't even returned my wife's body yet. Mr. Feinberg, you're here telling me that I'm going to receive $2 million. Yesterday, the New York City Medical Examiner provided me a left arm of my wife. That's all that is left." I did not anticipate the degree of anger, invective, frustration at life's unfairness: "I've lost my wife, I've lost my son." Frustration: "Why me, Mr. Feinberg? My wife was a saint. She was a wonderful woman. Why did God take her? Why? Why? Explain it to me."
Then there was anger directed at me as the visible representative of the United States: "Mr. Feinberg, you're here to give me a check. That is hush money. The fact is that your government is responsible for what happened. It could have been prevented, and now you are here to quiet me and prevent me from suing."ABERNETHY: What did the people who you heard from at the public hearings and in private tell you about what the events of 9/11 did to their faith in God?




Mr. FEINBERG: I was stunned by this. The single greatest source of grief among the surviving families occurred in situations where the family came to me sobbing that there was no body. There were not remains to be buried.
Mr. FEINBERG: It was very divisive. One fireman's widow would say, "I'm getting $825,000, and my next door neighbor, a widow of a fireman, is getting $1.2 million. You're denigrating the memory of my husband. Why?" I'd try and explain that under the statute, I was required to deduct from an award life insurance, pension, 401(k)s, but it didn't sit well with victims.
Mr. FEINBERG: You become much more empathetic to the downtrodden, the victims of an unforeseen misfortune. I'm a much better listener; I'm much more fatalistic. I must say, one thing I learned about 9/11, when these families came to see me: be careful about planning too far in the future. Life has a way of throwing curve balls at everybody, and I don't think I'll plan much beyond two weeks going forward, because you never know.