Asbestos exposure has long been a serious concern due to the health risks associated with this dangerous material, and many companies have been held accountable for the impact of its use. One such company is The Flintkote Company, a manufacturer of building products that historically incorporated asbestos into its materials. Over time, this led to a significant number of asbestos-related lawsuits from individuals who developed severe health conditions due to asbestos exposure, including mesothelioma and lung cancer.
To address these claims, the Flintkote Asbestos Trust was established.
The Flintkote Company
The Flintkote Company was a prominent manufacturer of building materials and products in the United States throughout much of the 20th century. Founded in 1901 and incorporated in Massachusetts in 1917, Flintkote initially focused on producing roofing materials but later expanded its product line to include a variety of construction products, such as cement, insulation, and asphalt coatings.
In 1987, Flintkote’s building materials division was acquired by Saint-Gobain, a global construction materials company headquartered in France. Saint-Gobain did not assume liability for Flintkote’s asbestos claims, which remained with the Flintkote Corporation.
Why Was Asbestos Used by Flintkote?
For much of the 20th century, asbestos was commonly used in building materials due to its fire-resistant and insulating properties. Flintkote, like many other companies, used asbestos in various products, such as roofing materials and cement. However, it wasn’t until the latter half of the 20th century that the severe health risks associated with asbestos became widely known.
When asbestos fibers are inhaled or ingested, they can become lodged in the lungs or other parts of the body, leading to scarring, inflammation, and, in some cases, deadly diseases like mesothelioma and asbestosis.
Flintkote’s use of asbestos in its materials eventually led to serious health consequences for workers, consumers, and those involved in the construction and building industries. Exposure to asbestos fibers can cause life-threatening illnesses such as mesothelioma, lung cancer, and asbestosis. These diseases often take years to develop after exposure.
By the 1980s and 1990s, as the health risks associated with asbestos became widely known, Flintkote was facing a growing number of lawsuits from individuals who developed asbestos-related diseases after exposure to their products. These lawsuits overwhelmed the company, leading it to file for Chapter 11 bankruptcy in 2004.
Asbestos Lawsuits Against Flintkote
Workers in construction, insulation, and other trades who had direct or indirect exposure to Flintkote’s asbestos products began filing claims against the company in the late 20th century, citing serious illnesses like mesothelioma, lung cancer, and asbestosis.
These lawsuits were based on claims that Flintkote:
- Failed to warn individuals about the dangers of asbestos exposure.
- Negligently manufactured asbestos-containing products without taking proper safety precautions.
- Contributed to long-term health issues by not implementing adequate protective measures for workers who handled asbestos.
What is the Flintkote Asbestos Trust?
The Flintkote Asbestos Trust was created as part of the company’s bankruptcy proceedings. Flintkote filed for Chapter 11 bankruptcy in 2004 after facing overwhelming legal claims related to asbestos exposure. During the bankruptcy process, the company set up the trust in 2015 to compensate individuals who suffered illnesses due to asbestos exposure from their products.
The trust was designed to provide financial compensation to those who were harmed by the company’s asbestos-containing materials, without the need for lengthy lawsuits. Essentially, it offers a streamlined way for victims to seek compensation.
Who Can Make a Claim?
If you or a loved one was exposed to asbestos from Flintkote products and subsequently developed an asbestos-related illness, you may be eligible to file a claim with the Flintkote Asbestos Trust. Common diseases associated with asbestos exposure include:
- Mesothelioma: A rare and aggressive form of cancer that affects the lining of the lungs, abdomen, or heart.
- Lung cancer: Often caused by asbestos exposure, especially in combination with smoking.
- Asbestosis: A chronic lung condition caused by asbestos fiber inhalation.
- Pleural plaques: Scarring on the lining of the lungs.
Even if exposure occurred decades ago, many asbestos-related illnesses take years, sometimes even decades, to develop. This latency period is why many people are only now filing claims, despite exposure happening long ago.
The Approved Sites List
The Flintkote Asbestos Trust maintains an approved sites list to identify specific locations where asbestos exposure could have occurred due to Flintkote products. This list serves a key purpose in processing claims. If someone seeking compensation from the trust can prove that they worked or were otherwise exposed at one of these approved sites, it can strengthen their claim and expedite the evaluation process.
The presence of an approved site on the list indicates that Flintkote products containing asbestos were known to have been used there. This could include materials such as roofing shingles, insulation, cement, or other construction products. These materials were widely used in the 20th century, especially before asbestos regulations were enforced in the 1970s.
For individuals who are filing claims for asbestos-related illnesses, the site list simplifies the process. If the site where they worked or were exposed is listed as an approved Flintkote asbestos site, they have one key element of their claim already supported. This helps streamline the process of receiving compensation from the trust.
How Does the Flintkote Asbestos Trust Work?
The trust operates by evaluating claims and assigning a monetary value based on the severity of the illness, level of exposure, and other factors. Here’s how the claims process generally works:
- Filing a Claim: Individuals must file a claim with the trust, providing documentation of their asbestos exposure and medical diagnosis.
- Evaluation: The trust reviews the claim and may ask for additional information, such as medical records, employment history, or proof of product exposure.
- Payment: If the claim is approved, the trust will assign a payment amount based on a predetermined schedule of values. The amount awarded depends on the illness and the level of exposure to asbestos.
Payment Percentages and Trust Funding
It’s important to note that the trust may not be able to pay claimants the full value of their claims. As with most asbestos trusts, a “payment percentage” is applied, which is a fraction of the full claim value. This percentage ensures that there is enough money to compensate all eligible claimants over time, especially considering that asbestos-related claims can continue for many years due to the long latency period of asbestos diseases.
For example, if the trust determines that your claim is worth $100,000 and the payment percentage is 25%, you would receive $25,000 in compensation.
Seeking Legal Assistance
Navigating the claims process can be complex, especially when it comes to gathering the necessary documentation and proving your exposure to Flintkote products. Many individuals choose to work with an attorney experienced in asbestos litigation to help ensure their claim is filed correctly and maximize their compensation.
Reach Out For Your Free Consultation Today
The Flintkote Asbestos Trust is an important resource for individuals and families affected by asbestos exposure from Flintkote products. By offering a streamlined process for compensation, the trust helps victims avoid prolonged litigation and receive financial support for their medical expenses, loss of income, and suffering.
If you or a loved one has been impacted by asbestos-related illnesses, it’s worth exploring your eligibility to file a claim with the trust. Asbestos-related diseases can be life-changing, but compensation from trusts like Flintkote’s can help alleviate some of the financial burdens during such a difficult time.
The legal team at Bailey Glasser is here to help. Our experienced attorneys understand the devastating impact of asbestos exposure and are committed to fighting for your rights.
Contact Bailey Glasser today at (866) 871-7971 or fill out our online form for a free consultation. Don’t wait – there are time limits to file a claim. Let us guide you through the legal process and help secure the compensation you deserve.
