Last 9/11 Family Settles Suit Over Death of Mark Bavis at Trade Center


In a statement in response to the settlement, United Airlines said "the tragic events of 9/11 impacted all of us, and we are pleased to resolve this case."

Huntleigh, which Migliori said United Airlines hired for the security checkpoints, did not return a request for comment.

Migliori said the family has "mixed feelings" about the settlement, the monetary amount of which is confidential.

"The family had hoped that a public trial on the issues would be a way of contributing to public awareness of security concern and also be a way to help educate TSA today on how not to repeat history," he said. "So the fact that they can't do that in a courtroom is very disappointing. But the family fully intends to continue to tell the story outside the courtroom for the rest of their lives without Mark."

"Very little has been revealed as to what the airlines knew when they knew it and what steps they did take and what steps they could have taken to prevent this," Mike Bavis told ABC News before the ten year anniversary of 9/11. "So we would like those questioned answered publicly."

The Bavis family has been active in remembering Mark, who was a scout for the National Hockey League's Los Angeles Kings, including creating the Mark Bavis Leadership Foundation in his honor.

Ten years after the September 11 attacks on the World Trade Center and the Pentagon, deceased victims' families and the injured have been compensated over $7 billion.

Migliori represented 56 of the families who opted not to participate in the fund. He said he represented his clients pro bono because the fund paid out a fraction of value of the claims.

The September 11th Victim Compensation Fund of 2001, created by Congress, distributed $7 billion to survivors and victims' families. There have been 2,983 families of those who died and received an average of just over $2 million tax-free per claim, according to Kenneth Feinberg, former pro bono administrator of the fund.

In addition, 2,300 physically injured 9/11 victims or those who suffered from respiratory problems cleaning up the World Trade Center were each awarded $400,000 tax-free, on average, Feinberg said.

Feinberg started distributing compensation 11 days after the program was established and began cutting checks in April 2002, until the fund expired by statute in June 2004.

Feinberg said 94 families who lost a loved one on September 11 opted not to participate in the fund and decided voluntarily to litigate in Manhattan. And now all 94 have settled over the past five years.

The families that opted out of the fund and eventually settled may have received on average of under $5 million, using figures from the report of Sheila Birnbaum, the 9/11 mediator. The information, however, is confidential.

For most lawsuits that are not pro-bono, attorneys receive 33 to 50 percent of their client's reward, depending on state laws and client agreements, said Brian Fitzpatrick, professor of Law, Vanderbilt Law School.

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