The announcement came in recent days, and several attorneys immediately criticized the way the settlement would be divided. According to the December 7th indystar.co article, “Payouts to victims of State Fair collapse range from $109 to $503,042”, the state cannot pay out over $5 million total for one tragedy, by law, nor can it pay a single victim over $700,000.
Overall, 65 victims, including the families of the deceased who attended the Sugarland concert, are in line to receive state money, and the payouts will range in value from $109 to $503,042. Future medical expenses, as well as any costs for psychological treatment are not included in those amounts.
However, Robert Katz, a professor of law at the Indiana University School of Law-Indianapolis, called the fund-settlement process “reasonable.” However, too, he explained that Zoeller and Feinberg could have allocated the funds in a different way, by paying out a certain percentage of medical expenses right now and another percentage in the future, when the costs for treatment were more fully known. Katz criticized the manner in which the almost $1 million in privately donated monies were allocated. The basis for division? The number of nights victims spent in the hospital, versus the amount of their medical bills.
Per the article, there are two ways the ceiling on the $5 million payout could be increased – via the courts or the state legislature. One lawsuit has been filed that alleges the ceiling is in violation of both the United States and Indiana's constitutions. However, in that case, a federal judge had already issued a ruling that made the success of the lawsuit appear bleak.
Regarding any action through the state legislature, per the article, Zoeller didn't directly address the issue, but said at a recent news conference that the state should revisit the law.
State Rep. Ed DeLaney, D-Indianapolis, proposed increasing the cap to $22 million. That number is adjusted for inflation, as the cap currently in place was established over thirty years ago. However, Senate Appropriations Committee Chairman Luke Kenley, R-Noblesville was quoted as saying in the article: “I think this is a call to arms by trial lawyers a little bit.”
Seemingly, the Indiana Attorney General was damned if he did, damned if he didn't. If the settlement would have taken any longer he would have been criticized for keeping the money from victims. Now that he's reached a settlement, and come up with a way to divide the money available to him by law, he's also being criticized for that move. Sadly, even with the award of damages, there just aren't any winners in this situation. No amount of money can bring back a loved one.
According to information at Wikipedia.com, Kenneth Feinberg is an attorney who specializes in mediation and alternative dispute resolution. He was appointed Special Master of the U.S. government's September 11th Victim Compensation Fund and currently serves as the Special Master for TARP Executive Compensation, popularly called the "pay czar." In addition, he currently serves as the government-appointed administrator of the BP Deepwater Horizon Disaster Victim Compensation Fund. He is also an adjunct professor at the Columbia University School of Law, University of Pennsylvania Law School, Georgetown University Law Center, New York University School of Law, the University of Virginia School of Law and at the Benjamin N. Cardozo School of Law.
