No. A lawsuit against a product manufacturer for product liability, or against a doctor for medical malpractice, is based on the legal theory that it was the product or the doctor that caused, contributed to, or exacerbated the 9/11-related condition. These types of lawsuits fall within the terms of the lawsuit waiver set out in the statute under which the VCF operates. This means that in order to be eligible for compensation, when you file your VCF claim, you must waive your right to participate in these types of lawsuits and must meet the settlement and dismissal deadlines set forth in Section 1.3 of the VCF’s Policies and Procedures.
Please be aware that any action to settle a lawsuit is particularly discouraged, as the VCF is a litigation alternative program. If you settle a lawsuit to which the waiver applies after the applicable deadline, you will not be eligible for VCF compensation, even if you had not been diagnosed or certified with the covered condition at the time you filed or settled the lawsuit. While the VCF can make exceptions where there is an untimely lawsuit dismissal in appropriate cases, it cannot, consistent with its statutory requirements, make exceptions in the case of untimely settlements.