Some Are Unhappy With Compensation
By Tim Craig
Washington Post Staff Writer
Thursday, August 16, 2007
RICHMOND, Aug. 15 -- Virginia Tech will offer the families of the 32 students and faculty members slain by Seung Hui Cho a one-time payment of $180,000 from a fund created to receive private donations in the weeks after the April 16 massacre, the administrator of the Hokie Spirit Memorial Fund said Wednesday.
The administrator, Kenneth R. Feinberg of Bethesda, said the university plans to distribute the entire $7.1 million fund to the families of those killed and to the 27 people wounded in Norris Hall.
Those who were wounded will receive $40,000 to $90,000 apiece, depending on the severity of their injuries, as well as free tuition at Virginia Tech.
"We are hopeful this effort can continue the healing process for those most grievously touched by the April 16 tragedy," said Virginia Tech President Charles W. Steger.
Some slain students' relatives, who plan to meet this weekend, appeared unimpressed by Feinberg's decision on distribution of the fund.
"It was expected. We've got to take a look at it and decide if there is going to be a response or not," said Joseph Samaha of Centreville, whose daughter Reema was killed in Norris Hall.
The announcement is another step in the tense discussions between state officials and some family members over how much money they should receive to compensate them for their losses and cover outstanding bills.
Several relatives of slain and wounded Virginia Tech students, who believe that the school was negligent in its response to the tragedy, have said they think they are entitled to more money, in addition to the disbursements from the Hokie Spirit Memorial Fund. Some have suggested a taxpayer-financed compensation fund, which Gov. Timothy M. Kaine (D) and Virginia legislators said they will consider.
A publicly financed $7 billion fund for the families of those killed in the Sept. 11, 2001, terrorist attacks paid families an average of $2 million; the injured received almost $400,000 each. The victims and family members took the money in exchange for waiving their right to sue the airline industry or federal, state or local governments.
Feinberg, who also administered the Sept. 11 fund, described the Virginia Tech disbursements as a "gift" from the more than 20,000 individuals and corporations who donated to the fund, which the university established after being flooded with requests from people wanting to help in the days after the shootings.
The fund, which is open until December, accepted donations ranging from $5 sent by an elementary school student to a $1 million contribution from the New York Yankees.
"This is intended to provide financial assistance to the families and students who lost a loved one or who were physically injured on that day," Feinberg said.
Under the plan, families of those killed can accept $180,000 in cash or request that some of the money be used to fund an endowed scholarship in honor of the victim.
Victims who were hospitalized for 10 days or more will be offered $90,000 and free tuition for their remaining years at Virginia Tech. Those hospitalized for three to nine days will receive $40,000, plus free tuition.
Uninjured students who were in the five Norris Hall classrooms where the shootings took place will be offered a choice between free tuition or $10,000.
Recipients have 30 days to accept the offer.
Vincent J. Bove, a spokesman for seven of the families, said the money "will help the families get back on track." But Bove, a security expert from New Jersey, cautioned that the relatives of the victims will continue to explore ways to make the university "accountable."
"They want to remain focused on what happened, why it happened," Bove said. "It was preventable, and a lack of leadership allowed this to happen."
Peter Read of Annandale, whose daughter Mary was killed in Norris Hall, said the university's decision to keep the fund open through December will help. "I don't know what all of our future obligations are going to be, but I do know for some families, things are going to be very significant," he said.
Holly Adams, whose daughter Leslie Sherman of Springfield was killed in Norris, said in a statement that she hopes Virginia Tech will delay final disbursement of the fund until it raises more money.
"Under the circumstances, considering potential receipt of additional substantial donations through December, disbursement at this time may be premature," Adams said.
University officials have been discussing for weeks the best way to distribute the money in the fund.
Two months after the shootings, Virginia Tech announced plans to use at least half of the fund to create 32 scholarships in honor of each of the victims. More than a dozen relatives of the victims accused the university of "using the names and images of 32 victims for vast fundraising purposes."
Virginia Tech then hired Feinberg, who initially drew up plans to offer $150,000 to the families of those killed and $25,000 to $75,000 to the wounded. That offer was also rebuffed by some of the families.
Feinberg said Wednesday that the latest offer is final because there is no more money available in the fund. In fact, the fund will have a $200,000 deficit unless more contributions are received.
He said the money from the fund would supplement any money the state of Virginia decides to offer the victims or their relatives in exchange for a waiver not to sue the state or the university.
"Nothing in here makes any attempt to answer any legal questions, nor does anything in this protocol require the claimants to waive any rights," Feinberg said.
It would be difficult for the families to sue the state, which has a legal protection known as sovereign immunity. Potential damages would be capped at $100,000, although there are no caps on awards if the Virginia attorney general decides to settle a suit out of court.
Several state lawmakers said recently that creation of a state compensation fund might be the best solution to avoid the distraction of lawsuits.
Feinberg said "that is a public policy question for the state of Virginia." But, he added, "if the state of Virginia adds funds to this program, why not also to other programs when someone through no fault of their own suffers misfortune?"
View all comments that have been posted about this article.