US to Pay $2.5M in Photo Editor's Anthrax Death

By Curt Anderson, Associated Press

29 November 11

Although a number of lawsuits have been dismissed, the US Government chose to settle in the case of Mr. Stevens' death. The deal comes on the heels of new evidence that further clouds the summary determination that Dr. Bruce Ivins, who committed suicide during the investigation, was the lone source of the anthrax attack. This deal forestalls the possibility of new details being revealed in court. -- JPS/RSN

ore than a decade after tabloid photo editor Robert Stevens became the first victim of the 2001 anthrax attacks, the U.S. government has agreed to pay his widow and family $2.5 million to settle their lawsuit, according to documents released Tuesday.

Stevens, 63, died on Oct. 5, 2001, when a letter containing deadly anthrax spores was opened at the then-headquarters in Boca Raton of American Media Inc., publisher of the National Enquirer, Sun and Globe tabloids. Eventually four other people would die and 17 others would be sickened in similar letter attacks, which the FBI blames on a lone government scientist who committed suicide.

Stevens' widow, Maureen Stevens, sued the government in 2003, claiming its negligence caused her husband's death by failing to adequately safeguard anthrax at the U.S. Army Medical Research Institute of Infectious Diseases at Fort Detrick, Md. The FBI probe concluded that Fort Detrick was the source of the spores used in the attacks in New York, Washington and Florida.

The government failed to carry out its "duty of care, the highest degree of care" in making sure the deadly microbes were kept tightly under lock and key, said the lawsuit filed in West Palm Beach federal court.

The case languished for years in procedural delays and appeals until the FBI announced in 2008 that a Fort Detrick scientist, Dr. Bruce Ivins, was responsible for the attacks. Although some of his colleagues and outside experts have raised doubts about his intent and ability to weaponize the anthrax, the FBI formally closed its "Amerithrax" investigation in 2010.

Ivins killed himself with an overdose of Tylenol and valium as investigators closed in. His attorney has maintained Ivins is innocent, but Justice Department prosecutors say they had more than enough evidence to convict him at trial.

Stevens' attorney, Richard Schuler, said when the FBI announced that Ivins was their man that it proved a key allegation in their lawsuit: "We've maintained all along this was an inside job," he said. Schuler called the settlement a "tremendous victory" for the Stevens family after years of litigation.

"They fought us at every turn and dragged this thing out," Schuler said. "You have to control access to these tremendously dangerous organisms and they didn't have any of that. You had security that was Swiss cheese out there."

The Justice Department declined comment beyond the settlement documents.

Government attorneys who handled the Stevens settlement said in the court papers that it is not "an admission of liability or fault on the part of the United States" and that the intent of the deal was "avoiding the expenses and risks of further litigation."

The settlement avoids a trial that had been set for early 2012 before Senior U.S. District Judge Daniel T.K. Hurley, who had earlier rebuffed U.S. efforts to get the case dismissed.

The deal allows for attorney fees of up to 25 percent and requires that a host of sensitive documents be destroyed or returned to U.S. officials. In addition to Maureen Stevens, 68, the settlement will benefit her three grown children.

Schuler said he felt confident Stevens would prevail at a trial but likely would face years of appeals and uncertainty about whether she would ever collect. The settlement avoids all that.

"She's delighted that the case has come to a successful conclusion and with the improved security the government has engaged in," Schuler said.

For years the FBI investigation focused on another scientist, Steven Hatfill, who was identified as a "person of interest" in 2001 by then-Attorney General John Ashcroft. Hatfill was eventually cleared and sued the government for invasion of privacy, eventually reaching a $5.8 million settlement.

Lawsuits filed by other victims have been dismissed, although at least one is on appeal. Employees of a postal facility in Washington, D.C., where two workers died, sued the Postal Service for allegedly failing to protect them, but a judge in 2004 ruled that the service was immune.

The 67,200-square foot AMI building in Boca Raton, meanwhile, took years to decontaminate and was finally reopened in 2007. AMI had long since moved its headquarters to New York, leaving behind an archive of some 5 million photographs, although many were digitally scanned for preservation.

An AMI mailroom worker, Ernesto Blanco, was sickened in the attack but recovered.