ABSTRACT
This essay offers a development of the presumptive breach, in this case surrounding the question of whether to cover certain cancers under the James Zadroga 9/11 Health and Compensation Act of 2010. The Zadroga Act, named after a New York police offi cer whose death was attributed to respiratory ailments caused by the toxic dust kicked up by the collapse of the World Trade Center towers, created a World Trade Center [WTC] Health Program that was to analyze which conditions could be causally linked to 9/11 and draft regulations extending federal health benefi ts to eligible survivors and fi rst responders who contracted those conditions.
