Thieu Tran, a Vietnamese-American longline fisherman, explains
through Nguyen's translation that the claims process is particularly
difficult for people with limited English proficiency to understand and
negotiate. He himself received a settlement with help from Mary Queen
of Vietnam CDC and other nonprofit groups.
The assembled groups, representing white, Vietnamese, and African American communities across the gulf states, gave a letter to Feinberg calling for specific improvements to the process, including a separate claims process that addresses fishermen's needs. Tracy Kuhns of Louisiana Bayoukeeper presented the letter, saying there were obvious problems with how many fishermen were being denied or unfairly compensated. "We need to hire local people with a good understanding [of the seafood industry]" to help with claims, she said.
There were more stories of desperate situations as individuals tried to get their claims addressed. Elmer Rogers, a fourth generation, African American fisherman from Empire, Louisiana, dropped to his knees in a dramatic appeal to Feinberg:
"Let me tell you my situation" Thanksgiving, [my claim] was "under review'. My kids barely ate. I barely ate. Christmas came, my child's 13 years old, she got nothing. You know what she woke up to? No water in her house, and no power" I had to go to my church with a bucket [to get water]" Let me go turn my water on. Let me pay my bills"
I'm not asking for the world, I'm just asking for something to live
on, man. That's all I'm asking from you. What do you want me to do? Do
you want me to get on my knees and beg you for it? Look, I'm here, I'm
on my knees for it. I need my money sir. To live."
Feinberg responded, "You'll hear from me personally within the next day."
Elmer Rogers presents his claim to Kenneth Feinberg. Photo by Ada McMahon.
Though Rogers was glad to have Feinberg's personal attention (the
administrator did follow-up the next day and grant his claim), he is
concerned that all of these denied claims are intentional, "Their game
plan is to starve us out. To make sure [coastal residents] don't have
nothing" don't have water in their home, lights in their house, about to
lose their home. That's when they give them those quick payments" He's
going to starve us out to where these poor fishermen will take
anything."
The quick payments allow individuals who are dissatisfied with their
initial claim to accept $5,000, regardless of documentation. In return
they must sign away their right to sue.
Feinberg repeatedly told people that he didn't care what option they chose to pursue, and they could decline to file any claim at all, "the choice is yours." But with the kind of desperation Rogers exemplified, most people feel they are between a rock and a hard place. Passing on quick money now for the option to sue later is an unlikely choice for people like Mr. Rogers, who had to sell his truck last month to make his mortgage payment.
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