As One Fund Boston administrator Kenneth Feinberg makes the tough calls over how to divide up nearly $30 million between people with a wide range of injuries — from double amputations to damaged limbs to brain damage and shrapnel wounds — experts say they expect little legal wrangling.
The fund has applied for charitable status and is limited to donations, which gives the administrator more freedom to act as he sees fit, unlike the 9/11 Fund, which was an unlimited pool created by the federal government.
"I don't think anyone has the right to sue because they think (Feinberg) did it unfairly," said Michael Mone, a Boston lawyer who represented some of the victims. "A charity has the right to give what they desire."
To be eligible for the 9/11 Fund, victims of the Sept. 11 attacks had to give up their right to sue the airlines whose planes were hijacked. Of the more than 3,000 people killed, the families of fewer than 100 sued.
"In order to bring litigation, there has to be someone who bore some responsibility," Mone added. In the case of the Marathon bombings, one of the suspects is dead, and the other was a student without any known assets, and the attacks took place on public sidewalks, not inside buildings or aircraft as in the 9/11 attacks.
"Feinberg is very qualified to decide how the money can be distributed," Mone said. "He's always gotten praise about deciding who gets what. Ninety-nine percent of the people are going to look at the One Fund and say, 'That's where I'm going to get recovery.'"
Eric MacLeish, a Cambridge lawyer who founded the Massachusetts 9/11 Fund, said that fund distributed about $3 million to more than 100 families. An advisory committee made recommendations to the fund's board. Each case was assigned a number, so board members never knew who they were, MacLeish said.
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