Who Gets What: Fair Compensation after Tragedy and Financial Upheaval

by Kenneth R. Feinberg

Agent Orange, the 9/11 Victim Compensation Fund, the Virginia Tech massacre, the 2008 financial crisis, and the Deep Horizon gulf oil spill: each was a disaster in its own right. What they had in common was their aftermath -- each required compensation for lives lost, bodies maimed, livelihoods wrecked, economies and ecosystems upended. In each instance, an objective third party had to step up and dole out allocated funds: in each instance, Presidents, Attorneys General, and other public officials have asked Kenneth R. Feinberg to get the job done.

In Who Gets What? , Feinberg reveals the deep thought that must go into each decision, not to mention the most important question that arises after a tragedy: why compensate at all? The result is a remarkably accessible discussion of the practical and philosophical problems of using money as a way to address wrongs and reflect individual worth.

Genres: Nonfiction, Law, History, Business

242 pages, Kindle Edition

First published June 26, 2012

About the author

Kenneth R. Feinberg, one of the nation’s leading lawyers, has been front and center in some of the most complex legal disputes of the past three decades. He is the former Administrator of the Gulf Coast Claims Facility, established by the Obama Administration to process claims for compensation arising out of the Gulf of Mexico oil spill in 2010. He also served as Special Master of the Federal September 11th Victim Compensation Fund of 2001, and was Administrator of the Hokey Spirit Memorial Fund following the killings of 32 students and faculty on the Virginia Tech Campus in 2007. Mr. Feinberg was appointed Special Master of TARP Executive Compensation by the Secretary of the Treasury in 2010, and previously served as Special Master in the Federal Agent Orange Product Liability litigation.

Reviews

[Erin · Rating 4 out of 5]

A really fascinating subject which has had me thinking for weeks. How does one put a monetary value on life? How much is a life worth? Is one worth more than another? And how do you compensate with money for pain or suffering? Money for lost life or for suffering is expected and deemed necessary by today's society... And yet, as I discussed the topic with my husband, he pointed out that this may be a relatively new expectation, perhaps, given that family, church and community no longer care for the grieving and wounded in the way they ised to, as was the norm for so many centuries.

[Namrata Wong · Rating 4 out of 5]

Really interesting topic - depending on the disaster, how do you decide who gets compensated and how. He goes in to detail how he came about his compensation plan and the execution of it. The book is a bit dry and I did have to force myself to keep going at times. I felt like he focused a little too much on the public perception of himself and his direct work. Although this is an important aspect, he was quite preoccupied, at least it seems to me, with his legacy.

[Jeanne · Rating 5 out of 5]

Kenneth Feinberg was chosen as a special master to administer several funds in response to various disasters -- the Agent Orange fund, 9/11 fund, post Virginia Tech shooting fund, a fund to determine compensation for CEOs of companies bailed out by the government, and the post Gulf oil spill BP fund. This book explains in great detail with very easy for the layman to understand language about his thinking in each of these circumstances -- how they differ and what puzzles he had to solve to make it all work. Kind of reminded me of one of those really good New Yorker articles where you think wow I didn't know about that and I am really glad I learned so much because it's important. Feinberg emphasizes clarity, transparency, justice and decency. Too bad most of our government doesn't subscribe to any of those values.

[SierraNevada PaleAle · Rating 4 out of 5]

About a 6-hr read detailing how KF was able to dole out compensation for various tragedies, such as Agent Orange vets, 9/11 victims, VA tech shooting victims, and 2 others. He expresses the rationale for the amount in payouts and talks about why some received more, less, the same or none and the obstacles faced with the decisions.

[Madison Bemis · Rating 2 out of 5]

this book was fine. as an actuary i was intrigued by the claims and compensation side, but it focused more on his journey and the public perception. it was certainly repetitive and by the end it didn’t feel like any new information was being relayed. writing style was not intriguing by any means.

[Rose Bonningtom · Rating 4 out of 5]

74%

[Sara Goldenberg · Rating 5 out of 5]

I heard him speak this past summer so I looked for his books at the library. He wrote 2. I read the books in his voice so that made it really fascinating for me. Also, I worked downtown during 9/11 so it all was very real.

Recommended!

[Phil · Rating 4 out of 5]

One man was selected to adjudicate the financial settlements of Agent Orange, the 9/11 Victim Compensation Fund, the Virginia Tech massacre, the 2008 financial crisis, and the Deep Horizon gulf oil spill - Ken Fineberg. A fascinating look at how one determines what a life or other pain and suffering is worth. The book addresses less the legal issues (because there's not a lot of precedent), but the moral and practical issues - who was hurt, how much money is available. Each case was very different.

[Lisa · Rating 4 out of 5]

Really fascinating stories of Feinberg's work in determining who gets what in these complex and very different cases. As the owner of a diesel VW, I am delighted that Feinberg has been retained to determine who will get what in that case; he is clear-headed, thoughtful, and sees the big picture. I'm not sure I completely agree with some of his statements about the tort system being the best way to resolve all these problems, but I appreciate his perspective.

[Kirk · Rating 3 out of 5]

Feinberg is not the best writer that I've read--"couldn't put it down" is NOT how I'd describe this book--but the subject is fascinating. He has done outstanding work with victims from Agent Orange to 9/11 and the BP oil spill. Well worth reading! As the old saying goes, I wouldn't have his job for all the tea in China.

[Terence Xu · Rating 3 out of 5]

This book gives a general impression of how the compensation works. It is all about mediation. Not only mediate the disputes in words, but mediate the conflict in mind. Wish prof. Feinberg could write more operational details rather than just a framework. I really want to know how it actually works!

[Arun Sarma · Rating 4 out of 5]

Probably won't cause any life-changing epiphanies about human nature or irreversibly alter your world-view (I confess I was hoping for that), but a fascinating look into Ken Feinberg's professional life. Easy reading, I recommend it for a long flight or maybe road trip.

[Hilary · Rating 3 out of 5]

Very interesting as an introduction to this kind of law and to this side of these tragedies/crises. Not sure if I would read any of his other books, just because I would expect more of the same.

[Burky Ford · Rating 4 out of 5]

This man (the arthur) needed the wisdom of Soleman!