Updates on the Victim Compensation Fund

They have won hundreds of millions of dollars in verdicts and settlements on behalf of thousands of accident victims, many of them catastrophically injured. They have been lead counsel in several multi-plaintiff litigations. Mr. Barasch and his colleagues take special pride in the work they have done on behalf of injured New York City firefighters, winning landmark decisions that have shaped the law on their behalf. After helping scores of firefighters receive awards in their individual cases, the firm was thrust into the legal problems of those killed and injured in the World Trade Center attacks, representing the families of dozens of firefighters killed, as well as over 1,000 first responders who sustained permanent respiratory illnesses from the toxic dust at the WTC site.

Judge Alvin K. Hellerstein appointed Mr. Barasch as liaison counsel on behalf of all rescue workers injured or killed, and he worked closely with Kenneth Feinberg, the Special Master of the Victim Compensation Fund, to expand the rules of the Air Transportation Safety and Systems Stabilization Act. When the VCF closed in 2004, the firm fought to reopen it because many clients continued to be diagnosed with new illnesses caused by the toxic dust, and/or they were found disabled after they had received an award for a non-disabling injury.

In January 2011 President Obama signed the Zadroga Act into law, named in honor of the firm's client, NYPD Detective Jimmy Zadroga, who died of pulmonary disease in 2006 caused by WTC toxins. As a result, $2.4 billion has been made available for medical care and $2.7 billion has been set aside for compensation to those whose health has gotten worse since 2003. Mr. Barasch and his colleagues currently represent more than 5,000 sick first responders and residents."

He has handled cases arising from crashes involving major commercial airlines and was appointed by the Federal Court as a member of the Plaintiffs’ Committee in the litigation arising out of the crash of Swissair Flight 111. He has also been appointed by the Federal Court as a member of the Plaintiffs Committee for liability arising out of the September 11 attacks. Subsequent to the terrorist attacks, Mr. Kushlefsky established himself as one of the Nation’s leading experts on the September 11 Victims’ Compensation Fund, representing more than 120 families in the VCF.

After his transition to the private sector, Matt became a busy and talented medical malpractice defense attorney, successfully handling a large caseload, assisting at numerous jury trials including the questioning of witnesses, and obtaining numerous favorable decisions granting motions for summary judgment or procedural dismissals to Matt’s clients in complicated medical malpractice actions brought by some of New York City’s best plaintiff’s attorneys. At the same firm, he added the defense of multi-state pharmaceutical and medical device cases to his resumé, working on all of the above simultaneously.

Matt then became senior litigation counsel at another large New York firm. There, his earlier background as both a police officer and certified paramedic made him a natural fit to develop the firm’s nascent practice in the representation of first responders in 9/11-related matters. Before graduating law school, Matt had been a New York City police officer assigned to Manhattan North, Queens North and to the Deputy Commissioner of Legal Matters. In the latter position, he had served as a liaison between the NYPD and other city, state and federal agencies in high profile cases. Prior to and during his NYPD career, and even during the early years of his legal career, he continued to work as a paramedic in Westchester County and New York City. On September 11, 2001, shortly after the initial attacks on the Towers, he had instinctively reported for duty to Ground Zero as a volunteer first responder from his job at the Second Circuit federal appeals court several blocks away.

Several years after the dust and smoke from that tragic day was thought by most to have cleared, but when it actually became apparent that first responders and many others involved in the rescue, recovery and clean-up work at Ground Zero were falling ill with various diseases at young ages, Matt joined forces with some of the country’s best legal and political advocates to feverishly lobby for the passage of the James Zadroga 9/11 Health and Compensation Act of 2010, affording benefits and compensation to ill and injured first responders and civilian survivors through the creation of the September 11th Victim Compensation Fund, administered by the U.S. Department of Justice. Matt and other dedicated advocates of the crucial legislation successfully redoubled their efforts and, in 2015, and then again in 2019, got Congress to reauthorize the Zadroga Act. He has dedicated himself to fighting for the cause of the September 11th first responders and civilian survivors for as long as the need may exist.

Matt joined the firm in 2016 and became a principal partner in 2019. Continuing to work as a 9/11 advocate, he has obtained millions of dollars in awards from the September 11th Victim Compensation Fund, administered by the U.S. Department of Justice, for first responders (including not only police officers and firefighters, but also construction and iron workers, sanitation workers, civilian volunteers and many others) in their subsequent role as victims and survivors of the terrible, medical aftermath of those devastating events. Matt also spends considerable time and effort (on a pro bono basis) informing first responders and qualifying civilian survivors about the World Trade Center Health Program (administered by the federal Centers for Disease Control and Prevention), and getting them enrolled as participants. This enables their health to be monitored regularly, at no cost to them, by doctors, nurses and other healthcare professionals specializing in occupational and environmental illnesses, often providing for the earliest possible medical intervention to address a 9/11-related disease.

In addition to his diverse litigation and 9/11-related work at the firm, Matt serves as a town prosecutor for the Town of Mamaroneck. During law school, he was appointed as a student assistant district attorney in the New York County (Manhattan) District Attorney’s Office, where he prosecuted domestic violence cases. He was also selected as a student intern by the Office of the U.S. Attorney for the Southern District of New York, where he worked with federal prosecutors on terrorism cases. He is dedicated to his family and church, is an active member of his Parish, and holds board member positions on a school foundation and various youth sports organizations, for which he also coaches. He is admitted to practice law before the courts of the State of New York, Commonwealth of Massachusetts and District of Columbia, and before the United States District Courts for the Northern, Southern, Eastern and Western Districts of New York and the United States Court of Appeals for the Third Circuit.

Since the Fund reopened in October 2011, she has served in various leadership roles touching most aspects of the program, including supervision of the public-facing Helpline, managing the team responsible for all outgoing correspondence, supervising the eligibility claim review team, developing a training program for new staff, and coordinating cross-team leadership efforts. Nicole joined the United States Department of Justice as an Attorney Advisor to focus on economic loss claim review in 2015. The following year, the Special Master tapped her to lead the team of legal professionals dedicated to reviewing FDNY and NYPD first responder claims.

Nicole has a deep understanding of VCF policy, and her comprehensive knowledge of the program overall is rooted in her longevity and progress within the Fund. As a member of the VCF Outreach Team, Nicole has represented the VCF during in-person information sessions, training sessions, and virtual webinars alike. She has served as a subject matter expert for the appeals process, and as a Hearing Officer presiding over in-person and virtual eligibility and compensation appeal hearings. In October 2020, Nicole was named Associate Special Master, a leadership team role created to provide additional operational and policy support to the Special Master. In this role, Nicole provided oversight to streamline productivity across the team, and ensure that claims continue to move as quickly and efficiently as possible. In 2022, she received the U.S. Department of Justice, Civil Division Special Commendation Award in recognition of her exemplary service.

Prior to joining the VCF, Nicole worked in project management and began her legal career at a small private practice. She graduated from the Howard University School of Law and received her undergraduate degree cum laude from Howard University. Born and raised in Buffalo, New York, Nicole is a member of the New York State Bar and District of Columbia Bar. She now calls the Washington, DC area home.

Prior to this role, Allison oversaw all grant functions for the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (“SMART”). Previously at the SMART office, she had oversight over the team working with American Indian tribes to implement the Sex Offender Registration and Notification Act. For their efforts, she and her team received the Assistant Attorney General Award for Exceptional Service.

Allison previously served as the Deputy Director of the Federal, International, and Tribal Division at OVC. She oversaw the Antiterrorism Emergency Assistance Program, including the International Terrorism Victim Expense Reimbursement Program, National Mass Violence Victimization Center, and OVC's Mass Violence victim support program. As Deputy Director, she also provided guidance and resources for Federal partners’ victim services programs. In addition, she led the tribal victims' services program, including the creation of innovative and efficient processes to help the Department effectuate a massive increase in funding for the first ever Tribal Victim Services Set Aside Program, and the creation of the Tribal Financial Management Center.

Before her Federal service, Allison was the Director of the National District Attorneys Association's (“NDAA”) National Center for Prosecution of Child Abuse (“NCPCA”), where she managed program activities and staff; and trained and provided technical assistance nationwide on child abuse, maltreatment, sexual exploitation, computer facilitated crimes against children, and domestic violence. She has also authored numerous articles on these topics. Prior to her position at NDAA, Allison was a prosecutor for over 11 years, serving in New York and Illinois. She was an Assistant District Attorney in the New York County District Attorney's Office for more than nine years, where she tried a wide variety of felony cases.

Before her Federal service, Allison was the Director of the National District Attorneys Association's (“NDAA”) National Center for Prosecution of Child Abuse (“NCPCA”), where she managed program activities and staff; and trained and provided technical assistance nationwide on child abuse, maltreatment, sexual exploitation, computer facilitated crimes against children, and domestic violence. She has also authored numerous articles on these topics. Prior to her position at NDAA, Allison was a prosecutor for over 11 years, serving in New York and Illinois. She was an Assistant District Attorney in the New York County District Attorney's Office for more than nine years, where she tried a wide variety of felony cases.